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High Court of DelhiW.P.(CRL)/526/2019

Shashi Parnami v. State

2024-12-20Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 526/2019 & CRL.M.A. 3653/2019 SHASHI PARNAMI .....Petitioner Through:

Mr. Sunny Vashist, Ms. Prerna Sharma, Mr. Gagan Deep Panwar, Mr.

Nishant Gill, Mr. Hemant Prasad Uniyal and Mr. Babru Bhan, Advs.

with petitioner in person.

versus STATE .....Respondent Through:

Ms. Rupali Bandhopadhya, ASC for State with SI Ashish P.S. Roop Nagar Ms. Puja Anand, Adv. for complainant with R-2 (through VC)

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.12.2024 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 428 of Cr.P.C. seeking quashing of FIR No.158/2018 under Section 406/120B IPC registered at Police Station Roop Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

The petitioner is present in the Court whereas the respondent no.2 has joined through VC and they have been identified by their respective counsel and by the Investigating Officer SI Ashish P.S. Roop Nagar. 3.

The facts in brief are that on complaint of the respondent no.2/complainant the present FIR was registered alleging that their close The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

relatives being the petitioner and her husband have duped the complainant by influencing her to part with her money amounting Rs.25 Lakhs and which they later refused to return.

4.

During the pendency of the proceedings, the parties were referred to the mediation under the aegis of Delhi High Court Mediation and Conciliation Centre where the parties arrived at a settlement, terms whereof were reduced in writing in the form of agreement dated 30.09.2024, a copy of which is annexed as Annexure D to the present petition. 5.

It is mentioned in the aforesaid settlement agreement that the petitioner and her husband shall pay full and final settlement amount of Rs.20 Lakhs to the respondent no.2.

6.

The full and final settlement amount is stated to have been paid by the petitioner to the respondent no.2 in the manner stated in the settlement agreement. The respondent no. 2, who has joined through VC on a query posed by the Court, affirms the factum of settlement and acknowledges the receipt of the amount of Rs. 20 Lakhs.

7.

She further submits that she has no objection in case the FIR is quashed. The offence is also compoundable.

8.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

9.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

10.

Consequently, the petition is allowed and the FIR No.158/2018 under Section 406/120B IPC registered at Police Station Roop Nagar alongwith all other proceedings emanating therefrom, is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The petition stands disposed of in the above terms. 12.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J DECEMBER 20, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.