Sarita Dode & ANR v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5338/2017 SARITA DODE & ANR ..... Petitioners Through :

Mr Ramesh Tiwari, Advocate.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :

Mr Arun Kumar Sharma, APP.

SI Amrender, PS Fatehpur Beri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.02.2018 Crl.M.A.20899/2017(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5338/2017 1.

The petitioners seek quashing of Complaint Case No.10/1/12 (New case No.468501/2016) under Section 380 IPC, Police Station Fatehpur Beri, New Delhi, pending in the Court of Metropolitan Magistrate-II, South District, Saket Court Complex, New Delhi, on the basis of a Settlement. 2.

By order dated 14.08.2012, cognizance was taken and petitioners were summoned to face trial for offences punishable under Sections 420/380/34 IPC.

3.

Parties have settled their dispute through a Settlement dated 28.05.2016 before the Mediation Centre, Saket Courts, New Delhi . Crl.M.C.5338/2017

4.

Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. He confirms that the settlement has taken place through Settlement dated 28.05.2016 before the Mediation Centre, Saket Courts, New Delhi. He submits that he does not wish to press his complaint any further.

5.

In view of the above and keeping in view of the fact that the parties have settled their dispute through Settlement dated 28.05.2016 before the Mediation Centre, Saket Courts, New Delhi, and respondent No. 2 does not wish to press his complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6.

Accordingly, Complaint Case No.10/1/12 (New case No.468501/2016) under Section 380 IPC, Police Station Fatehpur Beri, New Delhi, and the consequent proceedings emanating therefrom are hereby quashed.

7.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 12, 2018/'Sn'

Crl.M.C.5338/2017