← Library
High Court of DelhiW.P.(CRL)/1349/2016

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

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

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1349/2016 SATPAL RATHI & ORS ..... Petitioner Through Mr Manoj Sharma, Adv.

alongwith petitioners in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr Sunil Anand, Adv. for Mr Avi Singh, ASC for State alongwith SI Rajesh Kumar Police Station Baba Haridass Nagar, Delhi R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 02.05.2016 Crl. MA 7086/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (Crl.) 1349/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.198/2013 registered at Police Station Baba Haridas Nagar, Delhi under Sections 323/324/354/452/34 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 matter has been settled between the parties at the time of hearing of bail application of the petitioners and ultimately the parties have settled the matter before Mediation Centre, Dwarka Courts on 05.11.2015. The order/report of mediation centre is annexed to the present petition at pgs. 28 -

31. 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 he 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, he does not want any action against the petitioners and does not have any objection to

quashing of the instant FIR.

Mr Sunil Anand, Adv. who appears for Mr Avi Singh, 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.198/2013 registered at Police Station Baba Haridas Nagar, Delhi under Sections 323/324/354/452/34 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