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High Court of DelhiCRL.M.C./2068/2019

Manish Ahlawat & ANR v. The State Of Delhi & ANR

2019-09-19Hon'Ble Mr. Justice Chander Shekhar3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2068/2019 MANISH AHLAWAT & ANR ..... Petitioners Through Mr. Jogender Kumar, Advocate.

versus THE STATE OF DELHI & ANR ..... Respondents Through Mr. Raghuvinder Verma, APP for the State with Si Rajeshwar, PS Palam Village.

Ms. Nikita Sharma and Mr.

Sanjam Chaba, Advocates for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.09.2019 CRL.M.A. 8233/2019 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C. 2068/2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the respondent No.2.

3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 32/2017, under Sections 354/354B/509/323/377/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Palam Village, Delhi and

the proceedings emanating therefrom.

4.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Mediation Centre, Dwarka Courts, New Delhi on 19th May, 2018, in terms whereof the parties agreed to settle their disputes including the quashing of the aforesaid FIR and the proceedings emanating therefrom.

5.

Learned counsel for the parties submitted that the petitioner No.1 has already paid a sum of Rs.9 lacs to the respondent No.2 in terms of the settlement arrived at between the parties in W.P.(CRL) 1155/2019, of FIR No. 199/2017, under Sections 498-A/406/34 of the IPC, registered at P.S.: Baba Haridas Nagar, Delhi, which FIR has already been quashed on the basis of settlement dated 19.5.2018, hence, in view of the Settlement dated 19.5.2018, the present petition may also be allowed and the FIR may be quashed. 6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.32/2017, under Sections 354/354B/509/323/377/34 of the IPC registered at P.S.: Palam Village Delhi and the proceedings emanating

therefrom are quashed.

10.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 19, 2019 yo