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High Court of DelhiW.P.(CRL)/1339/2016

Narender & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

2016-05-02Hon'Ble Ms. Justice Sunita Gupta2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1339/2016 NARENDER & ORS ..... Petitioner Through Mr Manoj Sharma, Adv.

alongwith petitioners in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr Ashish Aggarwal, ASC for State/R1 with Mr Piyush Singhal, Adv. alongwith ASI Tejram Police Station Nazafgarh, Delhi Respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 02.05.2016 Crl. MA 7038/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (Crl.) 1339/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.251/2013 registered at Police Station Nazafgarh, Delhi under Sections 354A/506/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioners that due to the intervention of family members, friends, well wishers and other respectable members of the society, the respondent no.2 has shown her desire before learned Metropolitan Magistrate, Dwarka Courts, New Delhi to settle her dispute with the petitioners and learned Metropolitan Magistrate sent the matter to Mediation Centre, Dwarka Courts, New Delhi where both the parties settled their disputes vide settlement deed dated 05.11.2014, copy of which has been placed on record at pgs. 32 - 35. It is, therefore, prayed that the present FIR be quashed.

The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case) submits that she has amicably resolved all disputes with the petitioners before the Mediation Centre, Dwarka Courts, New Delhi voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between

the parties, she does not want any action against the petitioners and does not have any objection to quashing of the instant FIR.

Mr Ashish Aggarwal, ASC for State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties have compromised the matter with each other amicably, this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court. Accordingly, the petition is allowed and the FIR No.251/2013 registered at Police Station Nazafgarh, Delhi under Sections 354A/506/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs which be deposited by the petitioners with Prime Minister Relief Fund within four weeks from today. Copy of receipt of deposit of costs be placed on record.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J MAY 02, 2016/rd