Mamta v. The State Govt Of NCT Of Delhi & ORS

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2623/2016 & CRL.M.A.No.11237/16 MAMTA ..... Petitioner Through :

Mr.Brijballabh Tiwari, Advocate along with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through :

Ms.Anita Abraham, APP with SI Amit, PS Burari.

Mr.Adarsh Kumar, Advocate for R2 along with R2 in person.

Ms.Nitika Kohli, Advocate for R3 & R4 along with R3 in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.05.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.34/2012 registered under Sections 380/448 IPC at PS Burari. It is stated that the matter has been settled amicably with the victims / respondents No.2 to 4 before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement agreement dated 04.08.2015. 2.

Trial Court record perused. Only examination-in-chief of PW1 (Subhash Chand) and PW-2 (Ravi Kumar) have been recorded so far and there is no substantial progress in the trial. Counsel for the petitioner states that pursuant to the settlement, possession of House No.18/12, village Kamalpur Mazra, Chandan Vihar, Gali No.15, Nehru Road, West Sant Nagar, Burari, Delhi - 110084 is with him. CRL.M.C. 2623/2016

Keys of the house were handed over by the petitioner to the complainant on the previous date of hearing i.e. 29.03.2017. 3.

Respondents No.2 & 3 are present with counsel and have been identified by the Investigating Officer.

Respondent No.4 is not present due to certain difficulty and is represented by his counsel. I have enquired from the victims / respondents No. 2 & 3 if they have settled the dispute with the petitioner amicably without any fear or pressure. They have informed that all the disputes between the parties have been resolved amicably with their free consent and they have no objection to the quashing of the FIR in question. 4.

The petition is supported by affidavits of the parties. Copy of settlement agreement dated 04.08.2015 before Mediation Centre has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.34/2012 registered under Sections 380/448 IPC at PS Burari and all the proceedings arising therefrom are quashed.

5.

The petitioner is directed to deposit ` 25,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

6.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

MAY 19, 2017 / tr S.P.GARG, J CRL.M.C. 2623/2016