Sanjay @ Hitender Kumar & ORS v. State ( Govt Of NCT Delhi) & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6183/2018 CRL.M.A.48922/2018 (for Exemption) SANJAY @ HITENDER KUMAR & ORS ..... Petitioners Through Mr.Sanjay Chaubey, Adv.

versus STATE ( GOVT OF NCT DELHI) & ANR ..... Respondents Through Mr.Mukesh Kumar, APP for the State with ASI Sushil Kumar, PS Pahar Ganj.

Mr.Amlesh Yadav, Adv. with respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 05.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioners seek quashing of FIR No.327/2017 registered u/s 451/354/323//509/506/34 IPC at Police Station Pahar Ganj, Delhi on the basis of a settlement arrived at between the parties. 2.

Learned counsel for the petitioners submits that the petitioners as also the respondent no.2 are close relatives and neighbours who have been residing in the same area for the last many years. However, on 2nd November, 2017, due to a misunderstanding between the parties, the respondent no.2 lodged a complaint against the petitioners leading to the registration of the aforesaid FIR.

3.

Learned counsel for the petitioners submits that the parties have now with the intervention of family members, decided to resolve their disputes amicably and have already informed the SHO and the DCP concerned on 20th May, 2018 that they have entered into an amicable settlement. He prays that keeping in view the fact that the parties have already resolved their disputes, the captioned FIR and proceedings emanating therefrom may be quashed. 4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. The respondent no.2 is also represented by a counsel. I have interacted with the respondent no.2 who states that she has resolved her disputes with the petitioners of her own free will and has entered into the settlement without any coercion. She prays that the aforesaid criminal proceedings be quashed as she does not want any further acrimony with the petitioners, who are not only her neighbours but also her close relatives.

5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the FIR emanates from a dispute between close relatives and neighbours which already stands resolved as is evident from the letter written by the respondent no.2 herself to the DCP concerned and her statement before this Court, no useful purpose will be served in continuing with the criminal proceedings.

6.

Accordingly, the petition is allowed and the captioned FIR and proceedings emanating therefrom are quashed, subject to the petitioners paying a sum of Rs.15,000/- as costs to the Delhi High

Court Bar Association Employees Welfare Fund within ten days from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer.

7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 05, 2018/aa