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High Court of DelhiW.P.(CRL)/3102/2015

Sumit Hooda v. State (NCT Of Delhi) & ANR

2016-01-04Hon'Ble Ms. Justice Indermeet Kaur3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3044/2015 PRAVESH KUMAR Petitioner Through Mr.B.S.Mathur, Mr.Raj at Mathur and Mr.Vijay Singh, Advocates.

versus STATE (NCT OF DELHI) & ANR Respondents Through Mr.Rajesh Mahajan, Addl.Standing Counsel for the State along with SI Parmendra Kumar.

Complainant in person.

+ W.P.(CRL) 3095/2015 SANDEEP Through Petitioner Mr.B.S.Mathur, Mr.Raj at Mathur and Mr.Vijay Singh, Advocates.

versus Respondents Addl.

Standing STATE (NCT OF DELHI) & ANR Through Mr.R.S.Kundu Counsel and with Mr.Ankit Kumar Gulia, Adv. for the State along with SI Parmendra Kumar.

Complainant in person.

+ W.P.(CRL) 3102/2015 SUMIT HOODA Through Petitioner Mr.B.S.Mathur, Mr.Raj at Mathur and Mr.Vijay Singh, Advocates.

versus STATE (NCT OF DELHI) & ANR Respondents Through Mr.R.S.Kundu, Addl.

Standing Counsel and with Mr.Ankit Kumar By:AMULYA

Gulia, Adv. for the State along with SI Parmendra Kumar.

Complainant in person.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

ORDER

o/o 04.01.2016 Crl.M.A.No.18713/2015 (exemption! in W.P.(CRL1 3044/2015 Cri.M.A.No.18945/2015 (exemption^ in W.P.fCRL) 3095/2015 Crl.M.A.No.l 8974/2015 (exemption! in W.P.(CRL) 3102/2015 Exemption is allowed subject to just exceptions. Applications disposed of.

\ W.P.rCRLl 3044/2015 & Cri.M.A.No.18712/2015 W.P.lCRLl 3095/2015 & Crl.M.A.No.18944/2015 W.P.(CRL1 3102/2015 & Crl.M.A.No.18973/2015 These petitions seek quashing of FIR No.807/2015 registered under Sections 323/342/506/509/34 of the IPG; Section 354 of the IPG was also added later on. The FIR was registered on the complainant of respondent no.2/complainant.

Parties have arrived at a settlement and a memorandum of understanding duly signed by all the parties i.e. the complainant and the accused i.e. three petitioners before this Court as also earlier unarrayed petitioners (Amit and Praveen) who were later on added, pursuant to which amended memo of parties has been filed which is record.

It is stated that with the intervention of the elders of the society, the parties have settled their disputes and they have no grievance or complaint left against each other. They accordingly pray that the

present FIR be quashed as the complainant does wish to pursue this litigation any further. Complainant is present. She endorses this position. Her presence has been identified by the Investigating Officer who is also present in the Court today. The memorandum of understanding arrived at between the parties which is a written document dated 17.12.2015 is a part of the record.

Learned Counsels for the State has filed a status report. It has been submitted that if at all the present FIR is permitted to be quashed it should be quashed subject to costs as the State machinery has been put in to motion and the State has incurred expenses. Accordingly, noting the above submission made by the learned counsels for the State as also noting the averments made in the present petitions and the written document which is the memorandum of understanding arrived at between the parties, the prayers made in the present petitions are allowed; FIR No.807/2015 registered under Sections 323/342/506/509/34/354 of the IPC as also all the proceedings emanating therefrom are quashed subject to payment of Rs.30000/- to be deposited by the petitioners in equal proportion with the Delhi High Court Legal Services Committee within two weeks from today.

Petitions disposed of.

INDERMEET KAUR, J JANUARY 04, 2016 ndn