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High Court of DelhiCRL.M.C./3104/2016

Birender Yadav v. State & ANR.

2017-05-19Hon'Ble Mr. Justice S.P.Garg2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3104/2016 BIRENDER YADAV ..... Petitioner Through :

Mr.Vikram Panwar, Advocate along with petitioner present in person.

versus STATE & ANR.

..... Respondents Through :

Mr.Amit Gupta, APP.

Complainant present in person with his father.

SI Harender Kumar, PS Timarpur.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.05.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.467/2008 registered under Sections 342/323 IPC and Section 23 of Juvenile Justice Act, 2000 at Police Station Timarpur. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before Mediation Centre, Tis Hazari Courts, Delhi.

(2) Respondent No.2-complainant is present before the Court along with his father. The Investigating Officer has identified him. I have CRL.M.C. 3104/2016

enquired from the complainant/R-2 whether the matter has been settled with the petitioner amicably without fear and pressure. He has informed that the matter has been settled without any fear or pressure and he has no objection to the quashing of the FIR. (3) I have examined the Trial Court record. Statement of the victim has not yet been recorded completely. There is no substantial progress in the case.

(4) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 17.08.2016 signed by the parties before Mediation Centre, Tis Hazari Courts is on record. (5) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.467/2008 under Sections 342/323 IPC and Section 23 of Juvenile Justice Act, 2000 registered at Police Station Timarpur and all the proceedings emanating therefrom are quashed.

(6) The petitioner is, however, burdened with costs of `20,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (7) The petition is disposed of accordingly.

S.P.GARG, J.

MAY 19, 2017/sa CRL.M.C. 3104/2016