High Court of DelhiCRL.M.C./3681/2016

Dixit Uppal v. State & ANR.

2016-09-30Hon'Ble Mr. Justice I.S.Mehta2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3681/2016 DIXIT UPPAL ..... Petitioner Through:

Mr.Sermon Rawat and Mr.Shivang Rawat, Advocates.

versus STATE & ANR.

..... Respondents Through:

Mr.Panna Lal Sharma, APP for State with SI Rajendra and HC Shyam Prakash.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.09.2016 Crl.M.A.No.15430/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl.M.A.No.15431/2016 (delay in re-filing) This is an application under Section 482 Cr.P.C. read with Section 5 of the Limitation Act filed on behalf of the petitioner seeking condonation of delay in re-filing the present petition.

For the reasons stated in the application, the same is allowed and the delay in re-filing the petition is condoned.

Application stands disposed of.

CRL.M.C. 3681/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 620/2013, under Section 279/338 IPC, registered at Police Station Malviya Nagar. It is stated that the matter has been settled amicably between the

parties.

The petitioner is present in Court along with his counsel. Counsel for the petitioner submits that the matter has been amicably settled with the respondent No.2/complainant before the Mediation Centre, Saket Courts, New Delhi vide Settlement Agreement dated 8th July, 2016. Respondent No.2/complainant is also present in Court and has been identified by the Investigating Officer Head Constable Shyam Prakash. He confirms that he has amicably settled the matter with the petitioner. He submits that he has entered into settlement with the petitioner voluntarily and without any force, pressure or coercion. The balance amount of Rs.90,000/- in terms of the settlement has been duly received and accepted by respondent No.2/complainant.

Looking into the facts and circumstances and the fact that the matter has been amicably settled between the parties, no useful purpose would be served by continuing criminal proceedings against the petitioner. In view of the aforesaid, no useful purpose will be served to continue with the proceedings under FIR No. 620/2013, under Section 279/338 IPC, registered at Police Station Malviya Nagar and all the proceedings arising therefrom are quashed.

The petition is disposed of accordingly.

Order dasti.

I.S.MEHTA, J SEPTEMBER 30, 2016 'dc'