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High Court of DelhiCRL.M.C./2446/2018

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

2018-05-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2446/2018 & Crl. M.A. Nos. 8724-25/2018 MUNTAHIR ..... Petitioner Through Mr. Sarfaraz Hussain, Adv.

versus THE STATE (GOVT. OF NCT DELHI) & ANR. ..... Respondents Through Mr. M.S. Oberoi, APP with SI Babu Lal, P.S. Jamia Nagar Ms. Anita, Adv. with respondent nos.

2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.05.2018 Notice. Learned APP accepts notice for respondent no. 1. He points out that victim Ms. Munsaidi w/o Mr. Tasleem has not been made a party in this case. On the oral prayer made by the learned counsel for petitioner, Ms. Munsaidi is impleaded as respondent no. 3. Amended memo of parties be filed during course of the day.

Respondent nos. 2 and 3 are present in Court along with their counsel and accept notice.

They have been identified by SI Babu Lal of police station Jamia Nagar. It is submitted that petitioner and respondent no. 2 are brothers. Respondent no. 3 is sister-in-law of petitioner. Respondent nos. 2

and 3 admit having settled the matter with petitioner of their own free will, voluntarily and without any undue force, pressure or coercion before the Mediation Centre, Saket Courts, New Delhi on 26th September, 2017. Respondent no. 2 submits that she has no objection in case FIR is quashed against the petitioner.

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2, in my view, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR no. 133/2017 under Sections 354/452/509/34 IPC registered at police station Jamia Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MAY 09, 2018 r.bararia