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High Court of DelhiCRL.M.C./1697/2018

Manish Jain v. The State Govt Of NCT Of Delhi & ORS

2019-07-24Hon'Ble Mr. Justice Chander Shekhar3 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1697/2018 MANISH JAIN ..... Petitioner Through:

Mr. Sushant Sagar, Advocate versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Anuj Kumar, PS:Gandhi Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.147/2012, under Sections 498-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Gandhi Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 1.3.2017. 3.

Learned counsel for the petitioner submitted that another FIR bearing No.0168/2012, registered at PS:Krishna Nagar, Delhi, under Sections 354/323/34 of the IPC and all the proceedings emanating therefrom were quashed vide order

dated 14.12.2017, copy whereof has been placed on record. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that he has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the amount of Rs.1,20,000/- to him, which is required to be paid as per the settlement arrived at between the parties.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement. The IO has also submitted that no other case is pending against the petitioner. 5.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.011310, dated 23.7.2019, drawn on Axis Bank, for an amount of Rs.1,20,000/- , which has been handed over to the respondent No.2 today in the Court. The petitioner has also paid a sum of Rs.5,000/- in cash to the respondent No.2, as directed vide order dated 28.2.2019.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.147/2012, under Sections 498-A of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Gandhi Nagar, Delhi and all the proceedings emanating therefrom are

quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 24, 2019 tp