Tarun Khanna & ORS. v. State & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4469/2019 & Crl.M.As.35263-64/2019 TARUN KHANNA & ORS.

.... Petitioners Through Mr. Murari Tiwari, Mr. Rahul Kumar and Mr.Shivam Malhotra, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through Mr.Amit Chadha, APP with SI Pratima Mr. Gaurav Gaur, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.10.2019 CRL.M.A. 35263/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.A. 35264/2019 (for condonation of delay) In view of the cause submitted in the application, the delay in re-filing the petition is condoned. Application stands disposed of. CRL.M.C. 4469/2019 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.

Special Power of Attorney executed by the petitioner No.1 in favour of Mr. Dikshant Khanna already on record. 4.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.711/2015, under Sections 354/509/341/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: South Campus, New Delhi and the proceedings emanating therefrom.

5.

The petitioner Nos.2 and 3, Special Power of Attorney holder of the petitioner No.1 and respondent No.2 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 had agreed to settle their disputes including the quashing of the aforesaid FIR and the proceedings emanating therefrom.

6.

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 as well as Settlement Agreement dated 15.10.2018, the present petition may be allowed and the FIR may be quashed.

7.

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.

8.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner Nos.2 and 3, Special Power of Attorney holder Mr. Dikshant Khanna as well as respondent No.2 and has also verified the settlement arrived at between the parties. 9.

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.711/2015, under Sections 354/509/341/34 of the IPC, registered at P.S.: South Campus, New Delhi and the proceedings emanating therefrom are quashed.

10.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 24, 2019/rk