Vishal v. The State & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6354/2018 & Crl.M.A. No.49669/2018 VISHAL ..... Petitioner Through:

Mr.Gurdeep Singh & Mr.Yogesh Ramola, Advs. with petitioner in person.

versus THE STATE & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP with SI Surender Singh, PS Vijay Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioner seeks quashing of FIR No.1050/2014 registered u/s 354/506 IPC at Police Station Vijay Vihar, Delhi on the basis of a Settlement Deed executed between the parties on 03.07.2018.

2.

Learned counsel for the petitioner submits that the petitioner and the respondent no.2 are residents of the same locality. He submits that due to some misunderstanding, a scuffle arose between the parties, leading to filing of a complaint by respondent no.2, based on which the captioned FIR was registered against the petitioner. 3.

Learned counsel for the petitioner further submits that the parties have now with the intervention of the common friends and senior members of the locality, resolved their disputes amicably and

have accordingly entered into the aforesaid settlement agreement on 03.07.2018. He therefore, prays that the captioned FIR and consequential proceedings be quashed.

4.

The petitioner as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. Respondent no.2 is also represented by a counsel. I have interacted with the respondent no.2 who states that she has resolved all her differences with the petitioner of her own free will and has entered into the settlement without any coercion. She also states that since the petitioner is her neighbour and the complaint was lodged only due to a misunderstanding between them, she also does not want the criminal proceedings to continue. She also, therefore, prays that the captioned FIR and consequential proceedings be quashed. 5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that FIR emanates from a dispute between neighbours and no injuries of any kind have been alleged to cause to any of the parties, as also the fact that the parties themselves have resolved their disputes, no useful purpose will be served in continuing with the aforesaid criminal proceedings especially when the respondent no.2/complainant herself does not want the proceedings to continue. The ends of justice demand that the FIR and consequential proceedings be quashed. 6.

For the aforesaid reasons, the petition is allowed and the captioned FIR and proceedings emanating therefrom are quashed subject to the petitioner paying a sum of Rs.20,000/- as costs to the Delhi Police Martyr's Fund, A/C No.18200110036907, UCO Bank,

Delhi, IFSC Code UCBA0001820 within two weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court. 7.

The petition along with the pending application is disposed of in the above terms.

REKHA PALLI, J DECEMBER 14, 2018 gm