Ajay Shankar v. State & ANR

$-75 to 77 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 772/2018 AJAY SHANKAR Petitioner versus STATE & ANR Respondents and is + CRL.M.C. 779/2018 SULABH MATHUR Petitioner versus STATE & ANR Respondents and + CRL.M.C. 793/2018 GAURAV MOHANTY Petitioner versus STATE & ANR Respondents Counsels who appeared for the parties:

Advocates for the Petitioners:

Mr Janender Kumar Chumbak and Mr Manu Bansal, Advocates.

Advocates for the Respondent: Mr Ashish Virmani and Ms Sana Khan, Advocate for R2 with R-2 in person. Mr Sanjeev Sabharwal, APP with ASI Sunita, PS Barakhamba Road.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

ORDER

% 15.02.2018 Cr1. M.A. 2818/2018, 2854/2018 & 2882/2018 (exemption) Allowed, subject to all just exceptions.

CRL.M.C. 772/2018, CRL.M.C. 779/2018 & CRL.M.C. 793/2018 The petitioners seeks quashing of FIR No.131/2015 under Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi, on the basis of a Settlement.

The complainant as well as the petitioner are working in the same Office, wherein it is contended the alleged incident took place. Parties have settled their dispute through the process of Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and Settlement Agreement dated 23.09.20 17 has been executed. Learned counsel for the petitioner submits that in pursuance to the Settlement, the civil suit being CS (OS) No.15/2016 titled Exide Lfe Insurance Company Limited versus Mitun Garg & Ms Sana Khan Another has been withdrawn qua defendant No.2 therein i.e. Ms Sana Khan (complainant/respondent No.2 herein).

Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She informs that the relieving letter, which was to be given by the Insurance Company has already been given to her and she has no objection to the quashing of the subject FIR. She also confirms that the settlement

has taken place through the process of Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and Settlement Agreement dated 23 .09.2017 has been executed. In view of the above and keeping in view of the fact that the parties have settled their dispute through the process of Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and Settlement Agreement dated 23.09.20 17 has been executed and O respondent No. 2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

Accordingly, FIR No.131/2015 under Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi and the consequent proceedings emanating there from are hereby quashed. Order Dasti under signatures of Court Master. SAt J--- EV SACHDEV FEBRUARY 15,2018