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High Court of DelhiCRL.M.C./4478/2019

Sunil Talwar & ORS. v. State & ANR.

2019-10-24Hon'Ble Mr. Justice Chander Shekhar3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4478/2019 & Crl.M.A.35283/2019 SUNIL TALWAR & ORS.

.... Petitioners Through Mr. Gaurav Gaur, Adv.

with the petitioners in person versus STATE & ANR.

.... Respondents Through Mr.Amit Chadha, APP with Insp. Asifa Mr. Murari Tiwari, Mr. Rahul Kumar and Mr.Shivam Malhotra, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.10.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for 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.570/2015, under Sections 341/509/323/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: South Campus, New Delhi and the proceedings emanating therefrom.

4.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Delhi High Court Mediation and Conciliation Centre vide a Settlement Agreement dated 15.10.2018, 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 in terms of the settlement arrived at between the parties, another connected matter i.e. Crl.M.C.4491/2019, FIR No.44/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: CAW Cell, Nanakpura, Delhi and the proceedings emanating therefrom quashed today by this Court. Hence, in view of the quashing of the FIR No.44/2016 and the Settlement Agreement dated 15.10.2018, the present petition may be allowed and the FIR may be quashed.

6.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

7.

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. 8.

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.570/2015, under Sections 341/509/323/506/34 of the IPC,

registered at P.S.: South Campus, New Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J OCTOBER 24, 2019/rk