Sanjay Anand v. State (Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 137/2017 SANJAY ANAND ..... Petitioner Through Mr.

Vikram Kumar and Mr.

Khursheed Ahmed, Advs.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through Ms. Neelam Sharma, APP for the State

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.12.2017 Petitioner has prayed for quashing of the present FIR No. 370/2013 under Sections 279/337 IPC registered at Police Station I.P. Estate and the consequent proceedings emanating therefrom.

Initially, the FIR was registered under Sections 279/337 IPC on the complaint of respondent no. 2, namely, Rahul.

Respondent nos. 3 to 5 had also sustained injuries. Subsequently, Section 338 IPC was added. Petitioner and respondent nos. 2 to 5 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 9th September, 2016 vide Annexure 'E'. Affidavit of respondent nos. 2 to 5 have also been annexed with this petition.

Vide order dated 23rd May, 2017 matter was adjourned for today on the statement of learned counsel for the petitioner that appropriate application would be moved before the trial court to compound the offence under Sections 337/338 IPC.

Vide order dated 27th May, 2017 trial court has permitted to compound the offence under Sections 337/338 IPC, in view of the settlement arrived at between the parties before the Mediation Centre, after recording the statements of respondent nos. 2 to 5. In his statement, respondent no. 2 has admitted that he has already received `15,000/- pursuant to the settlement dated 9th September, 2016 in the Mediation Centre. Respondent no. 3 has admitted that he has also received `35,000/- pursuant to the settlement dated 9th September, 2016 in the Mediation Centre. Respondent no. 4 has admitted that he has also received `20,000/- pursuant to the settlement dated 9th September, 2016 in the Mediation Centre. Respondent no.

5 has admitted that he has also received `75,000/- pursuant to the settlement dated 9th September, 2016 in the Mediation Centre. They also stated that they will cooperate for quashing the FIR for the offence under Section 279 IPC. Certified copies of the order, statements of respondent nos. 2 to 5 recorded by the trial court, on oath, as also of the order dated 27th May, 2017 have been placed on record.

Keeping in view the facts and circumstances of the case, as detailed above, in the interest of justice, FIR No. 370/2013 under Section 279 IPC registered at Police Station I.P. Estate and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

DECEMBER 06, 2017 r.bararia