Sanjeev Bansal & ANR v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3964/2017 & Crl. M.A. nos. 16016-17/2017 SANJEEV BANSAL & ANR ..... Petitioners Through Mr. Yogesh Vidyakar, Adv. with petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Dr. M.P. Singh, APP with SI Pankaj Tomar, P.S. Sarai Rohilla Mr.

Vikas Manav, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.03.2018 It is submitted that petitioners and respondent no. 2 have settled their disputes amicably; therefore, FIR No. 31/2011 under Sections 287/338 IPC and Sections 23/26 of Juvenile Justice Act, 1986 registered at Police Station Sarai Rohilla on the complaint of respondent no. 2 may be quashed. Respondent no. 2 says that he is 22 years of age. Now, respondent no. 2 says that he has settled the matter with petitioners of his own free will, voluntarily and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 27th April, 2017 and he has no

objection in case FIR is quashed against the petitioners. As per the Memorandum of Understanding, petitioners had settled the matter with respondent no. 2 for `1,50,000/-. During the course of hearing, petitioners have offered to pay another `1,00,000/- to the respondent no. 2. Petitioners have paid `1,50,000/- vide a demand draft, photocopy whereof has been placed on record. It is submitted that FDR for `1,00,000/- is lying deposited in the trial court, which may be released to the respondent no. 2. Keeping in view the settlement arrived at between the petitioners and respondent no. 2, in my view, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No. 31/2011 under Sections 287/338 IPC and Sections 23/26 of Juvenile Justice Act, 1986 registered at Police Station Sarai Rohilla and the consequent proceedings emanating therefrom are quashed, subject to, however, release of FDR of `1,00,000/- to respondent no. 2 by the trial court.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MARCH 12, 2018 r.bararia