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High Court of DelhiCRL.M.C./3169/2017

Sushil Kumar Mishra & ORS v. State Of NCT Of Delhi & ORS

2017-10-31Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3169/2017 SUSHIL KUMAR MISHRA & ORS ..... Petitioners Through Mr. S S Sharma, Adv versus STATE OF NCT OF DELHI & ORS ..... Respondents Through APP for State with SI Ramesh Lal, PS Preet Vihar Mr. Sunil K Tiwari, Adv for Respondent no.2 / Complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.10.2017 Petitioners have prayed for quashing of FIR No.292/2016 under Sections 170/365/384/419/34 IPC registered at P.S. Preet Vihar on the complaint of respondent no. 2. Respondent no. 2 is present in the Court along with his counsel and has been identified by SI Ramesh Lal of PS Preet Vihar.

Petitioners and private respondents (complainants) were known to each other. A perusal of FIR shows that on the date of incident, petitioner called upon the complainant-respondent no.2 at a monastery near Kashmere Gate where petitioners nos. 2 to 4 also came and beat the complainant and also threatened him that in case he did not give `1,50,000/- to them, they would implicate him in a false case. Petitioners took respondent no.2 to two different ATM booths and forced him to withdraw `65,000/-.

Respondent no.2 submits that he has now settled the matter with the petitioners amicably with the intervention of their common friends. A formal compromise deed / settlement deed 7th October, 2017 has been executed during the pendency of the present petition, since there were some errors in the earlier settlement deed dated 13th July, 2017. He further submits that petitioners have already paid `1,10,000/- to respondent no.2 on 26th September, 2016. Respondent no.2 says that he is not willing to pursue the criminal proceedings against petitioners and the same may be quashed. Keeping in mind the facts and circumstances as detailed above, more particularly the fact that accused persons and complainant have settled their disputes, in the interest of justice FIR No.292/2016 under Sections 170/365/384/419/34 IPC registered at P.S. Preet Vihar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J OCTOBER 31, 2017 sm