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High Court of DelhiCRL.M.C./5544/2018

Mukesh @ Lucky & ANR. v. State & ANR.

2019-07-15Hon'Ble Mr. Justice Chander Shekhar2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5544/2018 MUKESH @ LUCKY & ANR.

..... Petitioners Through:

Mr. M.S. Bammi & Ms.

Vaneeta Shahni, Advocates versus STATE & ANR.

..... Respondent Through:

Mr.Panna Lal Sharma, APP with SI Sanjeet Singh, PS:Rajouri Garden, Delhi Ms. Divya Attri, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0229/2017, under Sections 354/323/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Rajouri Garden, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their 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, vide Settlement dated 2.4.2018 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, she has no objection to the petition being allowed and the FIR being quashed. Respondent No.2 has filed her affidavit to this effect.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

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.0229/2017, under Sections 354/323/506/34 of the IPC, registered at P.S.: Rajouri Garden, Delhi and the proceedings emanating therefrom are quashed. 6.

Petition is disposed of in above terms. The parties shall remain bound by the terms and conditions of the settlement. In case of failure to comply with the terms and conditions of the settlement, the parties may move an appropriate application for passing appropriate orders.

CHANDER SHEKHAR, J JULY 15, 2019 tp