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High Court of DelhiCRL.M.C./198/2018

Saurabh Goel v. The State Govt Of NCT Of Delhi & ANR

2018-02-20Hon'Ble Mr. Justice A.K. Pathak2 pages

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 198/2018 SAURABH GOEL ..... Petitioner Through Ms. Sarita Malhotra and Ms. Suman Malhotra, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents Through Mr. M.S. Oberoi, APP for respondent no. 1 with SI Shiv Prakash, P.S.

Anand Parbat Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.02.2018 By this petition under Section 482 Cr.P.C., petitioner has prayed for quashing of the FIR No. 66/2014 under Sections 452/354/506/509/34 IPC registered at Police Station Anand Parbat and the consequent proceedings emanating therefrom, in view of the settlement arrived at before the Delhi Mediation Centre, Tis Hazari Courts, Delhi in Suit no. 47/14 titled Ashok Kumar Gupta vs. Anita and Others. It is noted that petitioner Saurabh Goel is son of Shri Ashok Kumar Gupta. Respondent no. 2 and her husband were defendants in the said suit. Copy of Settlement/Agreement has been placed

on record at page 25 as Annexure P-2.

Settlement/Agreement has been signed by Shri Kanwar Sain (husband of respondent no. 2) for himself and also on behalf of respondent no. 2, namely, Ms. Anita Sain. Respondent no. 2 Ms. Anita Sain and her husband Shri Kanwar Sain are present in Court and have been identified by SI Shiv Prakash of police station Anand Parbat. Their statements have been recorded on oath separately. Respondent no. 2 says that she has no objection in case FIR is quashed against the petitioner, in view of Clause (3) of the Settlement/Agreement (Annexure P-2). Keeping in view the settlement arrived at between the petitioner and respondent no.2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No.

66/2014 under Sections 452/354/506/509/34 IPC registered at Police Station Anand Parbat and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

FEBRUARY 20, 2018 r.bararia