Smt. Krishna Devi & ANR. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2600/2019 SMT. KRISHNA DEVI & ANR.

..... Petitioners Through Mr Rakesh Dabas and Mr Manish Kr., Advocates.

versus STATE & ANR.

..... Respondents Through Ms Meenakshi Chauhan, APP for State.

Mr R.S. Kundu, ASC for State with Mr Hittesh Vali, and Mr Shiwan, Advocates.

ASI Bhagwan Sahay, P.S. Aman Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.09.2019 CRL.M.A. 35869/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 2600/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0681/16 under Sections 323/354-B/427/451/34 of the Indian Penal Code, 1860 (IPC) registered at P.S. Aman Vihar and all consequential proceedings arising therefrom, be quashed.

4.

The aforesaid FIR was registered at the instance of respondent no.2, wherein she alleged that some persons had entered the plot belonging to her through the gate installed along with the boundary wall. She has identified

the petitioners as being two of them. She has alleged that petitioner no.2 (Pradeep Kumar @ Sonu) had caught hold of her collar and had torn her apparel. She has also stated that petitioner no.2 tore the apparel worn by her sister-in-law as well. It is alleged that, thereafter, the petitioners started demolishing the boundary wall of the plot.

5.

It is material to note that the said parties are also engaged in a civil suit (Suit for possession, mandatory and permanent injunction being CS No. 579013/2016 captioned Smt. Krishna Devi v. Suraj Bhan). The said disputes were referred to Delhi Mediation Centre, Rohini District Courts, Delhi. The learned counsel appearing for the parties state that the said parties have arrived at an amicable settlement before the Mediation Centre and the same was reduced into writing on 07.05.2019.

6.

The petitioners and respondent no.2 are present in Court. The petitioners are identified by the learned counsel appearing for them and respondent no.2 is identified by the Investigating Officer. 7.

Both the parties (petitioners and respondent No.2) state that they have settled all their differences and disputes in terms of the settlement dated 07.05.2019, recorded before the Delhi Mediation Centre, Rohini District Courts. The said parties state that they have no grievance against each other and request that the present petition be allowed and the FIR in question be quashed.

8.

In view of the statements made by the petitioners and respondent no.2, the present petition is allowed and FIR No. No. 0681/16 under Sections 323/354-B/427/451/34 of the IPC registered at P.S. Aman Vihar and all consequential proceedings arising therefrom, are quashed. 9.

The petitioners and respondent no.2 shall sign this order as an

acknowledgement of the statements recorded herein. 10.

The petition is disposed of.

11.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J SEPTEMBER 16, 2019/pkv