Shabana & ANR v. State & ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 66/2016 SHABANA & ANR ..... Petitioner Through Ms Shampa Chatterjee, Adv. alongwith petitioners in person versus STATE & ANR ..... Respondent Through Ms Kamna Vohra, ASC for State Mr S. Bharti, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 28.04.2016 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.176/2014 registered at Police Station Chandni Mahal, Delhi under Sections 354/323/34 IPC and the consequent proceedings arsing therefreom on the ground that the parties have settled all their disputes.

It is submitted by counsel for the petitioners that there are cross FIRs between the parties. They are immediate neighbours. A civil suit was also filed which was referred by learned ASCJ, Tis Hazari Courts, Delhi to Mediation Centre, Tis Hazari Courts. All the disputes have been amicably settled. As such, no fruitful purpose will be served by proceedings with the matter as such FIR be quashed. The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case and her counsel) submits that since both the parties are neighbours she has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioner and does not have any objection to quashing of the instant FIR. Mr Ashok Kumar Garg, Additional Public Prosecutor for the State submits that the charge-sheet is yet to be filed and that in view of the settlement arrived at between the

parties, he has no objection to quashing of FIR. Keeping in view the facts that parties are residing in the same property, in their separate portions; disputes arose on trivial issue of user of common toilet and bathroom; parties have now resolved to settle their disputes, it will be in larger interest to maintain harmony and peace that quietus be given to their inter se disputes. Needless to say, both the parties will be bound by the terms of settlement arrived at between them before the mediation centre.

Accordingly, the petition is allowed and the FIR No.176/2014 registered at Police Station Chandni Mahal, Delhi under Sections 354/323/34 IPC and consequent proceedings emanating therefrom are hereby quashed The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J APRIL 28, 2016/rd