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High Court of DelhiCRL.M.C./5813/2018

Suresh Kumar & ORS v. State & ANR

2019-02-11Hon'Ble Mr. Justice Chander Shekhar2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5813/2018 SURESH KUMAR & ORS .... Petitioners Through:

Mr. C.B. Singh, Adv. with petitioners in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Sushil Kumar, PS Nabi Karim, New Delhi Mr. Manish Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.02.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.373/2015 dated 20.07.2015 under Sections 448/454/506/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Nabi Karim, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 30.8.2018 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi in pursuance whereof, it was agreed between the parties that they shall abide by the terms and conditions of the settlement arrived at between them and they shall get the FIR Nos.372/2015 and 373/2015 quashed in the interest of justice as well

as to maintain peace and harmony between themselves. 3.

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. 4.

The petitioners and the respondent No.2, on the query of the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion and prayed that in the interest of justice as well as allow them to live in peace and harmony, the present petition may be allowed and the aforesaid FIR may be quashed.

5.

In view of the aforesaid circumstances as well as 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.373/2015 dated 20.07.2015 under Sections 448/454/506/34 of the IPC, registered at Police Station Nabi Karim, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 11, 2019/rk