Vandana Kumari v. State Of NCT Of Delhi
$~48 & 49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4377/2023, CRL.M.A. 16666/2023 VANDANA KUMARI ..... Petitioner Through:
Mr. S.D. Singh, Mr. K. Prasad, Ms.
Meena Singh and Mr. Siddharth Singh, Advocates with petitioner in person.
Versus
STATE OF NCT OF DELHI ..... Respondent Through:
Mr. Nawal Kishore Jha, APP for State with SI Kamal Sharma, P.S. South Distt. And SI Vishwas, P.S. Patel Nagar.
AND CRL.M.C.
6051/2023, CRL.M.A.
22771/2023, CRL.M.A.
22772/2023 VANDANA KUMARI ..... Petitioner Through:
Mr. S.D. Singh, Mr. K. Prasad, Ms.
Meena Singh and Mr. Siddharth Singh, Advocates with petitioner in person.
Versus
STATE OF NCT OF DELHI & ORS.
..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Kamal Sharma, P.S. South Distt. and SI Vishwas, P.S. Patel Nagar.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.01.2024 1.
By way of above-noted petitions, the petitioner (complainant) seeks setting aside of impugned order dated 01.08.2023 passed by the Ld. ACMM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
thereby dismissing the petitioner's application seeking examination of one alleged injured Ravi Shankar @ Tuntun and taking his MLC No. 62176 on record in Case No. 5892 of 2017 tilted 'State v. Praful Pal & Ors.' arising out of FIR No. 228/2017 registered under Sections 323/341/506/34 IPC at P.S. Patel Nagar.
2.
As per the allegations levelled in the FIR, on 02.03.2017, respondent Nos.2 to 6 came to her house on the pretext of settlement. However, when the settlement was not successful, they misbehaved and beat her and her brother namely Krishanad Dubey.
3.
Vide order dated 24.08.2023, on the request of learned counsels for the parties, the disputes were referred to Samadhan, Delhi High Court Mediation & Conciliation Centre.
4.
Learned counsel for the petitioner submits that parties have been able to reach an amicable settlement before the Samadhan, Mediation Centre vide Settlement Agreement dated 18.01.2024. It is submitted that the settlement has been duly signed by the petitioner as well respondent Nos. 2 to 6. Learned counsel further stated that the aforementioned settlement has also been signed by injured/Krishanad Dubey. Respondent Nos.2 to 6/accused persons are stated to be not available today. 5.
Mr. Jha, learned APP for the State, on instructions, submits that apart from the petitioner, her brother namely Krishanad Dubey is also an injured person in the present FIR and respondent Nos. 2 to 6 are the only accused persons.
6.
Petitioner, who is present in Court, is identified by her counsel as well as the I.O./SI Vishwas, P.S. Patel Nagar. In view of the fact that the settlement has been signed by the complainant/petitioner as well as all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
accused persons, the parties are made bound by the same and they are directed to abide by and take appropriate steps in terms of the said settlement.
7.
Petitioner states that she has entered into the aforementioned Settlement Agreement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and the consequent proceedings are quashed. She also undertakes that she will abide by the terms of the settlement.
8.
Learned counsels for the petitioner submits that no other proceedings are pending between the parties.
9.
In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed 10.
With the above directions, both the petitions are disposed of alongwith miscellaneous applications.
MANOJ KUMAR OHRI, J JANUARY 25, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.