Single judge order quashing an FIR between neighbouring parties who had settled their dispute amicably. The court held the quashing appropriate to maintain harmonious relations.
FIR No. 287/2012 and consequent proceedings thereunder quashed.
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versus
STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents Through: Ms. Manjeet Arya, APP with SI Kiran Pal, P.S. Ashok Vihar. Respondent no.2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 27.11.2017
As per service report, respondent no.2 has remained unserved as he
was not found at the given address. However, respondent no.2 is present in Court and has been identified by ASI Kiran Pal of police station Ashok
Vihar. Respondent no.2 submits that he has settled the matter with the petitioners of his own free will and without any undue force, pressure or coercion, therefore, he is not willing to pursue the FIR any further and the same may be quashed.
During the course of hearing, it is revealed that petitioners and respondent no.2 are neighbours. A quarrel took place between them on some trivial issue which led to the incident resulting registration of FIR.
Now, in order to maintain harmonious relations in future they have settled their disputes amicably. Accordingly, in view of the settlement arrived at between the petitioners and respondent no.2, FIR No. 287/2012 under Sections 307/308/325/34 IPC and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 27, 2017 ga
2 issues framed by the court
Whether an FIR registered between neighbouring parties can be quashed upon their amicable settlement of the dispute.
Whether consent filed by the accused amounts to a valid settlement sufficient for quashing the proceedings.
RAKESH @ TIPPU & ORS.
STATE (GOVT. OF NCT OF DELHI)
RESPONDENT NO. 2
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
