Devki Nandan @ Dev & ANR v. The State ( Govt Of NCT, Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DEVKI NANDAN @ DEV & ANR ..... Petitioners Through :

Mr.Dhananjay Kumar, Advocate along with petitioners in person.

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

Mr.Amit Gupta, APP with SI Om Parkash.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 11.05.2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.285/2013 under Sections 323/341/506/509/34 IPC at PS Badarpur. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Saket Courts, New Delhi, vide settlement agreement dated 07.10.2015. Status report is on record. 2.

Complainant / respondent No.2 is present in person and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the

disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question.

It is further informed that M.O.U. dated 14.10.2015 (at page 32) has been executed between the parties. As per terms and conditions of M.O.U. dated 14.10.2015, the petitioners were to pay `20,000/- as compensation to the complainant. A cheque bearing No.615435 dated 11.05.2016 for a sum of `20,000/- in the name of the complainant drawn on State Bank of Hyderabad has been handed over to the complainant in the Court today pursuant to the said settlement.

The petitioners have also placed on record affidavit of another victim Abhishek who has no objection to the quashing of the FIR in question due to settlement arrived at with the complainant. 3.

The petition is supported by affidavits of the parties. Copies of settlement agreement dated 07.10.2015 and M.O.U. dated 14.10.2015 have been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.285/2013 under Sections 323/341/506/509/34 IPC at PS Badarpur and all the proceedings arising therefrom are quashed.

4.

The petitioners are directed to deposit `20,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

5.

The parties shall be bound by the terms and conditions of the settlement arrived at before the Mediation Centre, Saket Courts, New

Delhi vide settlement agreement dated 07.10.2015 and M.O.U. dated 14.10.2015.

The petitioners shall not contact the complainant in future and shall not intimidate her in any manner whatsoever. 6.

The petition stands disposed of accordingly.

S.P.GARG, J.

MAY 11, 2016 / tr