Joginder & ANR v. The State ( NCT Of Delhi) & ORS

$~14 & 15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4792/2015 JOGINDER & ANR ..... Petitioners Through:

Mr.Jugnu Saini, Adv.

versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with IO ASI Raju Yadav, Police Station Adarsh Nagar.

Mr.Abhishek Gupta, Adv. with Mr.Varun Sharma, Adv. for R-2.

+ CRL.M.C. 4793/2015 KULDEEP RANA & ANR ..... Petitioners Through:

Mr.Varun Sharma, Adv. with Mr.Abhishek Gupta, Adv.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with IO ASI Raju Yadav, Police Station Adarsh Nagar.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.10.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.95/2012 under Section 308/34 IPC registered at P.S. Adarsh Nagar, New Delhi and FIR No.114/2013 under Section 325/34 IPC registered at P.S. Adarsh Nagar, New Delhi.

Counsel for the petitioners has submitted that the petitioners and the complainant are relatives and due to the differences arisen on account of a property matter the incident had taken place. Counsel for the petitioners has further submitted that due to the incident occurred, an FIR No. 95/2012,

under Section 308/34 IPC was registered qua the present petitioners and the petitioners also lodged a complaint resulting into registration of the FIR No. 114/2013 putting allegations and counter allegations to each other. Counsel for the petitioners submitted that later with the intervention of the relatives of both the parties, the matter has been settled on 22nd November, 2015. Counsel for the petition has further submitted that both these FIRs be quashed to maintain better future relationship between the parties. Both the parties are present along with Investigating Officer ASI Raju Yadav. Investigating Officer identifies the complainant and the petitioners. The Memorandum of Understanding is supported with the affidavit. Since the petitioners and the complainant are stated to be relatives and neighbours, to maintain the peace and good relation amongst the neighbours and the relatives, no useful purpose will be served to continue with the proceedings against the petitioners.

Hence, in the interest of justice and to enable the parties to settle in life, both the FIRs i.e. FIR No. 95/2012, under Section 308/34 IPC dated 18th April, 2012 registered at PS Adarsh Nagar and FIR No. 114/2013, under Section 325/34 IPC dated 19th April, 2013 registered at PS Adarsh Nagar and all the proceedings arising therefrom are quashed. One copy of this order be placed on record in subsequent FIR No. 114/2013, under Section 325/34 IPC dated 19th April, 2013 registered at PS Adarsh Nagar.

The present petitions are disposed of accordingly. I.S.MEHTA, J OCTOBER 18, 2016/radhika