Ms. Urmil Jayant v. State & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6434/2018 & CRL.M.As. 49940-49941/2018 MS. URMIL JAYANT ..... Petitioner Through:

Mr. Rajeshwar Singh and Ms.

Aishwarya, Advs. with petitioner in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Manoj Kumar, PS Parliament Street, Delhi with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.12.2018 CRL.M.A. 49940/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6434/2018 & CRL.M.A. 49941/2018 (for stay) 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.34/2013 dated 20.2.2013, under Sections 279/338 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Parliament Street, New Delhi and the proceedings emanating therefrom. 2.

The learned counsel for the petitioner as well as respondent No.2 submitted that the parties have amicably settled their dispute on

19.11.2018 before the Delhi Mediation Centre, Patiala House Courts, New Delhi on their own free will, without any force or coercion in pursuance whereof the petitioner has to pay Rs.1,00,000/- to the respondent No.2 out of which, Rs.40,000/- have already been paid in cash.

3.

Learned counsel for the petitioner further submitted that the petitioner is having no other criminal case or antecedents. 4.

Respondent No.2, present in the Court, also reiterated the aforesaid facts and stated that the matter between the parties stands settled on their own free will, without any force or coercion. Respondent No.2 further submitted that in terms of the settlement arrived at between the parties, in case the petitioner pays the balance amount of Rs.60,000/- to him, the present petition may be allowed and the FIR may be quashed.

5.

Investigating Officer (I.O.) has identified the petitioner as well as respondent No.2 and has also verified about the settlement arrived at between the parties.

6.

Learned counsel for the petitioner submitted that the petitioner has brought a Demand Draft bearing No.819223 dated 15.12.2018 for an amount of Rs.60,000/- which has been handed over to the respondent No.2 in Court. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful

purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.34/2013 dated 20.2.2013 under Sections 279/338 of the IPC, registered at Police Station Parliament Street, New Delhi and the proceedings emanating therefrom are quashed.

8.

Petition is disposed of in above terms. CRL.M.As. 49941/2018 also stands disposed of.

CHANDER SHEKHAR, J DECEMBER 17, 2018/rk