Mehkar & ORS. v. State & ORS.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 165/2017 MEHKAR & ORS.

..... Petitioners Through:

Mr. D.N. Dagar, Advocate versus STATE & ORS.

..... Respondents Through:

Ms. Kamna Vohra, ASC for the State.

SI Jag Mohan, PS Chhawla.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 18.04.2017 Respondent no.2 though served has not appeared. Heard. Perused.

The memorandum of understanding (MOU) dated 01.07.2014 primarily concerns the dispute over property. Though there is a reference in para 5 of the said settlement indicating the agreement of the parties to withdraw their respective complaints/petitioner/other cases, given the background set out in the said MOU, it cannot be said that the agreement was also to have the criminal proceedings arising out of the FIR No.64/2013, involving offences punishable under Sections 328/498A/34 IPC of Police Station Chhawla to be closed.

In these circumstances, there is no case made out for the proceedings arising out of the said FIR to be quashed. The petition is dismissed. R.K.GAUBA, J.

APRIL 18, 2017 vk