High Court of DelhiCRL.M.C./4149/2015

Arun Bhatia v. State & ANR

2018-01-17Hon'Ble Ms. Justice Anu Malhotra2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4149/2015 and Crl.M.A No.18482/2015 ARUN BHATIA ..... Petitioner Through:

Mr.Praveen Chauhan, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Kamal Kr. Ghei, APP for State with SI Karan Singh, Crime Branch and SI Raj Kumar, PS Neb Sarai Ms.Amrit Kaur Oberoi, Adv for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 17.01.2018 Vide proceedings dated 29.2.106, the parties have been referred to the Delhi High Court Mediation & Conciliation Centre. The settlement agreement dated 11.4.2017 has been received from the Delhi High Court Mediation & Conciliation Centre indicating that a settlement has been arrived at between the petitioner and the respondent No.2.

Inter alia, as per the clause (e) thereof it has been provided to the effect:

" (e) The Second Party, simultaneously on withdrawal of XCS(OS) No.1119 of 2013 filed by the First Party, has agreed to file a joint petition along with the First Party for the quashing of FIR No.342 of and

proceedings emanating therefrom including quashing of impugned order dated 02.04.2014 charge sheeting the accused in the said FIR.

Along with the present Settlement Agreement, the parties have signed a joint petition under Section 482 Cr.M.C. No. 4149/2015 seeking quashing of FIR No.342 of 2w012 and proceedings emanating therefrom including the quashing of impugned order dated 2.4.2014 charge sheeting the accused in FIR No.342 of 2012."

In view thereof, learned counsel for the petitioner seeks to withdraw the present petition seeking liberty to file a joint petition in terms of Clause(e) of the mediation settlement agreement seeking quashing of the FIR which is not opposed on behalf of the State. The petition is thus dismissed as withdrawn with liberty granted, as prayed.

In view of the submission that has been made on behalf of the respondent No.2 that one Om Kumar is another accused in the FIR who has not been made a party in the present petition, it would be necessary for the petitioner to array the said Om Kumar also as a party to the said joint petition sought to be filed. ANU MALHOTRA, J JANUARY 17, 2018/sv