← Library
High Court of DelhiCRL.M.C./1523/2018

Banarsi Dass v. The State & ANR

2019-09-20Hon'Ble Mr. Justice Chander Shekhar2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1523/2018 BANARSI DASS ..... Petitioner Through:

Ms. Neha Gupta, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Jasmer Singh, PS:Jahangir Puri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.09.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State and by respondent No.2, who is present in Court.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.157/2012, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jahangir Puri, Delhi and the proceedings emanating therefrom. 4.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement/Agreement before the Delhi Mediation Centre, Rohini District, Courts, Delhi on 15.3.2017, in terms whereof the petitioner had agreed to pay Rs.1,00,000/- to the respondent No.2.

5.

Respondent No.2, who is present in Court, has reiterated

the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed, in case the petitioner pays the sum of Rs.1,00,000/- as per the settlement.

6.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.016282, dated 1.8.2019, drawn on Delhi Nagrik Sehkari Bank Ltd., for an amount of Rs.1,00,000/-, which has been handed over to the respondent No.2 today in the Court.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement.

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.157/2012, under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jahangir Puri, Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 20, 2019 tp