Meena & ORS v. Govt.Of NCT Delhi & Etc

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 45/2018 MEENA & ORS ..... Petitioners Through :

Mr Ram Nath Singh, Advocate.

versus GOVT.OF NCT DELHI & ETC ..... Respondent Through :

Mr Arun Kumar Sharma, APP.

SI Pawan Kumar, PS Vijay Vihar.

Mr M.K.Singh, Advocate for R-2 to R-5.

Mr Arun Kumar Sharma, APP.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.01.2018 Crl. M.A. 162/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 45/2018 1.

The petitioners seek quashing of FIR No.352/2010 under Sections 324/323/506/34 IPC, Police Station Vijay Vihar, Outer District, Delhi.

2.

It is contended that the dispute had arisen on account of a financial transaction between the petitioners and respondent Nos.2 & 3.

Cross-FIRs were registered by the respective parties against each other.

3.

It is contended that Settlement has taken place between the parties, as recorded in the Deed of Settlement dated 19.08.2016 before the Delhi Mediation Centre, Rohini Courts, Delhi. 4.

Consequent to the Settlement, respondent Nos.2 & 3 filed the petition seeking quashing of FIR No.238/2010, Police Station Vijay Vihar, under Sections 323/354/341/34 IPC, which was registered as Criminal Miscellaneous Case No.53/2018.

It is contended that in view of the consent given by the petitioners in those proceedings, the said petition has been allowed and the subject FIR has been quashed. 5.

Respondent Nos.2 & 3 are present in Court in person and are identified by their counsel as well as by the Investigating Officer. 6.

Respondent Nos.2 & 3 submit that they have no objection to the quashing of the FIR as they have settled their dispute with the petitioners, as recorded in the Settlement Deed dated 19.08.2016. 7.

In view of the Settlement between the parties and in view of the fact that the cross-FIR registered against respondent Nos.2 & 3 has already been quashed and keeping in view the fact that the dispute emanates out of a financial transaction, it would be expedient and in the interest of justice that the FIR and the consequent proceedings emanating therefrom be quashed as no useful purpose would be served in keeping the investigation in the aforesaid case pending. 8.

Accordingly, the petition is allowed and the FIR No. 352/2010 under Sections 324/323/506/34 IPC, Police Station Vijay Vihar, Outer

District, Delhi, is accordingly quashed.

9.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 05, 2018/'Sn'