High Court of DelhiCRL.M.C./2305/2017

Shivan Bansal & ANR v. State (NCT Of Delhi) & ORS

2017-11-16Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2305/2017 SHIVAN BANSAL & ANR ..... Petitioners Through Mr. Vijay K Sharma, Adv versus STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr. Amit Gupta, APP for State SI Yogendra Kumar, PS Palam Village Ms. Yashima Sharma, Adv for complainant/R-2 Mr. Vijay Kumar, Adv for R-3

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.11.2017 Petitioners and respondent no.3 are accused in FIR No.42/2011 under Sections 420/506/120B/34 IPC registered at PS Palam Village on the complaint of respondent no.2.

Initially, FIR was registered only under Section 420 IPC and other sections were added subsequently at the time of filing of charge sheet. It is submitted that petitioners and respondent no.3 have settled their disputes with the complaint / respondent no.2 before the Mediation Centre, Dwarka on 2nd May, 2016 vide Annexure B. Respondent no.2 and respondent no.3 have also settled their disputes vide Memorandum of understanding dated 13th November, 2017. It is prayed that in view of settlement arrived between the parties the aforementioned FIR may be quashed.

Respondent no.2 is present in the Court and has been identified by SI Yogendra Kumar of police station Palam Village. She admits having settled the matter with the petitioners and respondent no.3 of her own free will, voluntarily and without any undue force, pressure or coercion. She further says that in view of the settlement arrived at with the petitioners and respondent no.3, she is not willing to pursue the aforesaid FIR and the same may be quashed. Keeping in view the facts and circumstances, as detailed hereinabove, and the fact that the complainant / respondent no.2 has settled the disputes with respondent no.3 and petitioners, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice FIR No.42/2011 under Sections 420/506/120B/34 IPC registered at PS Palam Village and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J NOVEMBER 16, 2017 sm