Jaibeer Gulia & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1185/2015 JAIBEER GULIA & ORS ..... Petitioners Through:

Mr. R.K. Khanna, Sr. Adv. with Mr.

Vinod Kumar, Ms. Shefali Jain and Mr. Animesh, Advs.

versus STATE & ORS ..... Respondents Through:

Mr. Rajesh Mahajan, ASC with Ms.

Namita Sharma, Adv. along with ASI Tej Ram, P.S. Najafgarh.

Mr. Animesh Gaba, Adv. for R-2 along with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.05.2015 Learned senior counsel for the petitioners submits that there is an inadvertent error in the memo of parties to the effect that name of respondent no. 3 has been wrongly included, therefore, his name be deleted from the array of parties. Further, petitioner nos. 3 and 4 are not accused in this case, therefore, their names be also permitted to be deleted. Inadvertently, names of four other accused persons, involved in the present FIR, have not been included in the memo of parties. However, they be impleaded as respondent nos. 3 to 6. Ordered accordingly. Amended memo

of parties be filed during the course of the day. Present FIR bearing No. 826/2014 was registered at police station Najafgarh under Sections 341/420/465/467/468/471/120-B and 506 IPC, on the complaint of respondent no.2. Investigation is still stated to be going on. Concerned parties have settled all the disputes including the disputes involved in the present FIR before the Delhi High Court Mediation & Conciliation Centre on the terms and conditions as stipulated in the Settlement Deed dated 30th April, 2015 ('Mark-X1'). In fact parties were embroiled in 30 civil and criminal more cases. All the cases have been settled. A perusal of 'Mark X-1' shows that all the cases, pending between the parties, have been settled.

In view of the settlement arrived at between the parties, respondent no.2, who is present in Court, submits that he has no objection in case FIR is quashed.

Keeping in mind that respondent no. 2 has settled the matter with the petitioners and does not wish to pursue the present FIR not only against the petitioners but also against the respondent no.3 to 6 during the investigation stage itself, in the interest of justice, FIR No.826/2014 under Sections 341/420/465/467/468/471/120-B and 506 IPC registered at police station

Najafgarh and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

MAY 29, 2015 ga