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High Court of DelhiCRL.M.C./805/2019

Kulbeer Singh & ORS v. The State Of NCT Of Delhi & ANR

2020-01-16Hon'Ble Ms. Justice Anu Malhotra2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 805/2019 KULBEER SINGH & ORS ..... Petitioners Through:

Mr.Abhay Singh Bhadoria, Advocate versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Ms.Meenakshi Dahiya, APP for State With SI Vijay Kumar, PS Prashant Vihar.

Mr.Saroj Kumar Jha and Ms. Meenu Jha, Advocates for complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 16.01.2020 Vide the present petition, the petitioners seek quashing of FIR No. 965/2015 PS Prashant Viharregistered under Sections 323/354/34 IPC submitting to the effect that a settlement has been arrived at between the parties vide a mediation settlement dated 13.2.2018 at Delhi Mediation Centre Rohini Courts, whereby the settlement inter alia was entered also in relation to a cross FIR No.963/2015, PS Prashant Vihar registered under Sections 323/354/506/509/34 of the Indian Penal Code, 1860.

On a bare perusal of the averments made in the FIR as well as the statement under Section 164 Cr.P.C. of the complainant of the FIR No. 965/2015 dated 6.8.2015 there are gross allegations of mental depravity therein against the accused persons and it is not considered

appropriate in terms of the verdict of the Hon'ble Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. V.State of Gujarat And Another; (2017) 9 SCC 641 to grant the prayer made by the petitioner seeking quashing of the FIR No. 965/2015 PS Prashant Vihar registered under Sections 323/354/34 IPC.

The petition is thus declined.

ANU MALHOTRA, J JANUARY 16, 2020/sv