Ashok & ANR v. State ( NCT Of Delhi)& ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6556/2018 & CRL.M.A. 50468/2018 ASHOK & ANR .... Petitioners Through:

Ms. Archana, Adv.

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

Mr. Kamal Kumar Ghei, APP with SI Ramesh Kumar, PS Sultanpuri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 21.12.2018 CRL.M.A. 50468/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6556/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.566/2016 under Sections 323/354/354-B/34 of the Indian Penal Code, 1860 („IPC‟), registered at Police Station Sultan Puri, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes vide a Settlement Agreement dated 21.1.2017 before the Delhi Mediation Centre, Rohini District Courts, Delhi. 3.

The Investigating Officer („IO‟), who is present in Court, has

identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between them on their own free will, without any force, pressure or coercion and in terms of the settlement arrived at between the parties, the present petition may be allowed and the aforesaid FIR may be quashed. 5.

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.566/2016 under Sections 323/354/354-B/34 of the IPC, registered at Police Station Sultan Puri, New Delhi and all the consequential proceedings arising out of the FIR are quashed, subject to the condition that the petitioners shall deposit, within ten days, a sum of Rs.5,000/- with the Advocates‟ Welfare fund, Bar Council of Delhi bearing A/c No.010104000269810, UCO Bank, Delhi High Court Branch and a receipt of the said deposit be filed in the Registry within 2 weeks and a copy of the said receipt shall also be handed over to the APP through the I.O. within 2 weeks. In case the petitioners fail to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 21, 2018/rk