Rajender Prasad And ORS v. The State Govt. Of NCT Of Delhi And ORS.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3150/2024 RAJENDER PRASAD AND ORS ..... Petitioners Through:

Mr. Manish Sharma, Advocate.

versus THE STATE GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Satish Kumar, APP for the State & Ms. Vineeta Rajput, Advocate with SI Bharat Singh, P.S.: Uttam Nagar.

Counsel for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 25.04.2024 CRL.M.A. 12195/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3150/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioners seeking quashing of the case arising out of FIR bearing no. 05/2001, registered at Police Station Uttam Nagar, for offences punishable under Sections 384/323/448/454/501/34 of the Indian Penal Code, 1860 ('IPC'), and the consequential proceedings pending before the Court of learned Metropolitan Magistrate, South-West, Dwarka Courts, Delhi. 4.

Issue notice. Mr. Satish Kumar, learned APP appearing on behalf of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the State accepts notice.

5.

Petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) SI Bharat Singh from Police Station Uttam Nagar, Delhi.

6.

Brief facts of the case are that, on the complaint of respondent no. 2, an FIR bearing No. 05/2001, registered at Police Station Uttam Nagar, District South West, for offences punishable under Sections 384/323/448/454/501/34 of the IPC was registered against the petitioners herein. It is stated that on 19.07.2021, charge-sheet was filed and charges were framed against the petitioners and the case was put for prosecution evidence. It is further stated that on 25.04.2023, the parties had settled their disputes mutually before the Mediation Centre, vide Mediation Settlement dated 25.04.2023. Learned counsel appearing on behalf of the petitioners has also handed-over the documents of the property-in-question, which is mentioned in paragraph no. 3 (a), of the Mediation settlement. In view of the above the respondents no.2 and 3 state that they have no objection if the said FIR is quashed.

7.

On a query made by this Court, respondent no.2 and 3 who have been identified by the I.O. concerned, have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated by respondent No. 2 and 3 that the entire dispute has been amicably settled/compromised between them and they have no objection if the FIR is quashed.

8.

Since the parties have reached a compromise, there would be no reason to continue the ongoing proceedings. Accordingly, FIR bearing No. 05/2001, registered at Police Station Uttam Nagar, Delhi, for offences The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

punishable under Sections 384/323/448/454/501/34 of the IPC and all consequential proceedings emanating therefrom, are quashed. 9.

However, keeping in view the overall facts and circumstances of the case, this Court directs the petitioners to deposit a sum of Rs.7,000/- each, in the Advocates Welfare Fund, Dwarka Courts, Delhi, within 10 days from today and the receipt thereof will be filed in proof with the Registry of this Court.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 25, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.