Delhi High Court - Orders
Suraj Prakash Ahluwalia & Anr vs The State (Gnct Of Delhi) & Anr on 16 March, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 882/2021
SURAJ PRAKASH AHLUWALIA & ANR. ..... Petitioners
Through : Mr.Subhash Budhiraja, Advocate.
versus
THE STATE (GNCT OF DELHI) & ANR. ..... Respondents
Through : Mr.M.S.Oberoi, APP for the State
with SI G.R.Meena, PS Ranjit Nagar.
Respondent No.2/complainant in
person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 16.03.2021 Crl.M.A.No.4426/2021
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 882/2021 & Crl.M.A.No.4425/2021
3. Petitioners file this petition for quashing of the FIR No.145/2018 under Section 323/354B/506/34 Indian Penal Code registered at police station Ranjit Nagar against them and the proceedings emanating therefrom, which was got registered by the respondent No.2.
4. The FIR was registered on the complaint of respondent No.2 for the incident dated 26.05.2018 at 10.30PM and upon completion of the investigation, charge sheet has been filed. However, the matter has been settled between the parties per settlement agreement dated 11.09.2018 before the Mediation Centre, Tis Hazari Courts, which has been signed by both the parties.
5. As per terms and conditions of settlement, it is agreed by respondent No.2, who is present today in Court that there was conflict between the Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:19.03.2021 11:27 parties who stand in near relation to each other which led to the registration of FIR because of some misunderstanding between them. The misunderstanding has now been cleared and she has no grievance against the petitioners and she does not wish to continue with the proceedings of the FIR against them.
6. The complainant/respondent No.2 has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. The learned APP for the State has also no objection, if this petition is allowed.
7. Considering the above settlement between the parties, there is no use to proceed with the criminal case as complainant has settled all the disputes with petitioners and the chances of conviction are bleak in this case.
8. Accordingly, the petition is allowed. Consequently, FIR No.145/2018 under Section 323/354B/506/34 Indian Penal Code registered at police station Ranjit Nagar and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of.
YOGESH KHANNA, J.
MARCH 16, 2021 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:19.03.2021 11:27