Asma & ORS v. The State Govt Of NCT Of Delhi & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ASMA & ORS ..... Petitioner Through:

Mr.A.G.Sharma, Advocate with Petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Through:

Mr.Mukesh Kumar, APP for the State with SI Sonu Ram, PS Aman Vihar Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 18.12.2017 Crl.M.A. No.20911/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

1.

This petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of the FIR No.426/2013 under Section 323/427/451/506/34 IPC, PS Aman Vihar, Delhi. 2.

Notice. Learned APP as above accepts notice on behalf of the State. 3.

Case FIR No.426/2013 under Section 323/427/451/506/34 IPC, PS Aman Vihar, Delhi has been registered on the basis of complaint made by Asad Anwar in respect of the incident that took place on 19th September, 2013.

4.

Petitioners are present in person alongwith their counsel.

5.

Learned counsel for the petitioners submit that the parties are neighbours and on 19th September, 2013 some misunderstanding between the parties gave rise to quarrel between them and the matter was reported to police which resulted in registration of the present FIR. 6.

Learned counsel for the parties further submit that during the pendency of the proceedings, with the intervention of the common friends and relatives, both parties have arrived at an amicable settlement before the Mediation Centre, Rohini District Court, Delhi. Copy of the settlement dated 30th November, 2017 has also been annexed with the petition as Annexure P-2.

7.

Learned counsel for the petitioners submit that since the parties have settled their dispute amicably before the Mediation Centre, no purpose would be served in continuing the criminal proceedings against the petitioners, hence the FIR in question may be quashed. 8.

Respondent No.2 is present in person and confirms that he has amicably settled the dispute with the petitioners and has no objection if the present FIR and proceedings emanating therefrom are quashed. 9.

In view of the legal position laid down in Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257 and amicable settlement arrived at between the parties before the Mediation Centre, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court.

10.

Accordingly, the petition is allowed and FIR No.426/2013 under Section 323/427/451/506/34 IPC, PS Aman Vihar, Delhi is hereby quashed. The Parties shall remain bound by the terms and conditions of the settlement

arrived at before the Mediation Centre, Rohini Court. Order dasti.

Crl.M.A. No.20910/2017 Dismissed as infructuous.

PRATIBHA RANI, J.

DECEMBER 18, 2017 'hkaur'