Pardeep Sharma & ANR v. State

#11 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.03.2016 W.P.(CRL) 1073/2013 & CRL.M.A.10024/2013 (Stay) PARDEEP SHARMA & ANR ..... Petitioners Through:

Mr. R.N. Vats and Mr. Digvijay, Advocates versus STATE & ORS ..... Respondents Through:

Mr. Rajesh Mahajan, ASC (Criminal) with Inspector Pawan Sharma, PSNihal Vihar Mr. Vikram Dua, Advocate for R-2 & R-3

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL) 1.

The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.203/2013, under Sections 420/468/471 IPC registered at Police Station- Nihal Vihar, Delhi and the proceedings emanating therefrom.

2.

At request of the complainant in the subject FIR as well as the petitioners herein, the parties were referred to Mediation Centre, in order to

enable them to arrive at an amicable resolution of their disputes that led to the registration of the subject FIR.

3.

Counsel appearing on behalf of the parties submit on instructions from the latter that with the aid and assistance of Delhi High Court Mediation and Conciliation Centre, they have arrived at an amicable resolution of all their disputes. The salient terms and conditions of the aforesaid settlement agreement are enshrined in the agreement dated 05.02.2016 which has been forwarded to this Court by the Mediator.

4.

Pursuant to the afore-stated settlement agreement dated 05.02.2016 a sum of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand) has already been received back by the petitioners. Simultaneously, the petitioners herein have relinquished any claim over the subject property. 5.

The complainants in the subject FIR namely, Jai Pal Singh and Ram Kishore, who are present in Court and have been duly identified by IO Inspector Pawan Sharma, Police Station- Nihal Vihar as well as their counsel state that in view of the settlement arrived at between the parties, they are no longer keen to proceed with the subject FIR and the proceedings arising therefrom.

6.

In view of the foregoing, since the dispute which resulted in the registration of the subject FIR has already been resolved amicably by the parties without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.

7.

Consequently, FIR No.203/2013, under Sections 420/468/471 IPC registered at Police Station- Nihal Vihar, Delhi and the proceedings emanating therefrom are hereby set aside and quashed qua both the petitioners subject to their depositing a sum of Rs.20,000/- (Rupees Twenty Thousand) in aggregate with the Victims' Compensation Fund, Government of NCT of Delhi within a period of two weeks from today. The receipt of the said deposit shall be furnished to the concerned IO. 8.

The writ petition is allowed and disposed of accordingly. The pending application also stands disposed of.

SIDDHARTH MRIDUL, J MARCH 11, 2016 dn