Delhi High Court - Orders
Inderraj & Anr vs The State Govt. Of Nct Of Delhi & Anr on 25 August, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1971/2021
INDERRAJ & ANR. ..... Petitioners
Through: Mr. Gyan Mitra, Adv.
versus
THE STATE GOVT. OF NCT OF DELHI & ANR...... Respondents
Through: Ms. Asha Tiwari, APP for State with
SI Satyam Pandey.
Mr. S.K.Bhaduri, Mr. Prem Prakash,
Advs. for R-2 with R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 25.08.2021 (through video conferencing) Vide the present petition, the petitioners seek quashing of the FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 submitting inter alia to the effect that a settlement has since been arrived at between the parties vide a mediation settlement dated 22.01.2021 at the Mediation Centre, Saket Courts and that no useful purpose would be served by the continuation of the said FIR.
The Investigating Officer of the case is present and has identified the petitioners present in Court today through video conferencing as being the accused arrayed in the FIR in question and has also identified the respondent No.2 present in the Court today through video conferencing as being the complainant thereof.
The respondent No.2 in his deposition on oath in replies to specific Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Court queries has affirmed the factum of a settlement arrived at between him and the petitioners and submits that in terms of the said settlement in as much as the petitioner nos.1 & 2 have agreed to withdraw civil suit bearing CS SCJ No.50348/2016 pending in the Civil Court of the Civil Judge, South-East, Saket, he has no opposition to the prayer made by the petitioners seeking quashing of the FIR in question. Inter alia the respondent no.2 in reply to a specific Court query states that he has signed the mediation settlement dated 22.01.2021 voluntarily and he has made his statement now today before the Court voluntarily of his own accord without any duress, pressure or coercion from any quarter. He further states that he has completed his law and used to run a business and participate with an NGO and he does not need to think again.
The petitioner nos.1 & 2 arrayed as the accused in FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 have also in reply to specific Court queries affirmed the factum of the mediation settlement dated 22.01.2021 arrived at at the Mediation Centre, Saket Court and have stated that in terms of the said settlement in as much as the respondent no.2 has submitted that he has no objection to the quashing of the FIR in question against them, they too undertake to abide by the terms of the mediation settlement dated 22.01.2021, which they have signed voluntarily without any duress, pressure or coercion from any quarter and that they undertake to withdraw the civil suit bearing CS SCJ No.50348/2016 on the next date of hearing i.e. 28.08.2021 before the Civil Court. They have stated that they have made their statement voluntarily.
On behalf of the State, there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
settlement arrived at between the parties.
In as much as there appears no reason to disbelieve the statement made by the respondent no.2 and the petitioners that they have arrived at the mediation settlement dated 22.01.2021 at the Mediation Centre, Saket Court voluntarily of their own accord and both parties have agreed to adhere to terms of the mediation settlement, it is considered appropriate to put a quietus to the litigation between the parties qua the FIR in question and for the maintenance of peace and harmony between them, the FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are thus quashed against the petitioners.
The petition is disposed of.
ANU MALHOTRA, J AUGUST 25, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 8 CRL.M.C. 1971/2021 INDERRAJ & ANR. Vs. THE STATE GOVT. OF NCT OF DELHI & ANR 25.08.2021 CW-1 SI Satyam Pandey, PS Chitranjan Park I am the Investigating Officer of FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860. I identify the petitioner no.1 Mr. Inderraj and petitioner no.2 Mr. Sukh Ram as being the accused arrayed in the said FIR.
I also identify the respondent no.2 Mr. Deepak Gupta present as being the complainant of the said FIR.
ANU MALHOTRA, J RO & AC 25.08.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 8 CRL.M.C. 1971/2021 INDERRAJ & ANR. Vs. THE STATE GOVT. OF NCT OF DELHI & ANR 25.08.2021 CW-2 Mr. Deepak Gupta, s/o Mr. Ram Kumar Gupta, age 53 years, r/o L-29, Kalkaji, New Delhi On S.A. The mediation settlement dated 22.01.2021 arrived at at the Mediation Centre, Saket Courts bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
In terms of the said settlement arrived at between me and the petitioner nos.1 & 2 arrayed herein, I do not oppose the prayer made by the petitioners seeking quashing of the FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 nor do I want the petitioners to be punished in relation thereto in as much as the petitioner nos.1 & 2 in terms of the mediation settlement have agreed to withdraw the suit for recovery that they have filed against me bearing No.CS SCJ 50348/2016.
I have completed my law. I have been previously running a business and participating with an NGO.
I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC/25.08.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 8 CRL.M.C. 1971/2021 INDERRAJ & ANR. Vs. THE STATE GOVT. OF NCT OF DELHI & ANR 25.08.2021 CW-3 Mr. Inderraj, s/o Mr. Salek Ram, age 37 years, r/o 74, Nandu Mohalla, Dera Ganv, Dera, South Delhi, Delhi.
On S.A. The mediation settlement dated 22.01.2021 arrived at at the Mediation Centre, Saket Courts bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
I undertake to abide by the terms of the said mediation settlement pursuant to the complainant not objecting to the quashing of the FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 in terms of the mediation settlement and I undertake to withdraw the suit bearing CS SCJ No.50348/2016 on the next date of hearing stated to be 28.08.2021 before the Court of the Learned Civil Judge, South-East, Saket.
I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 25.08.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 8 CRL.M.C. 1971/2021 INDERRAJ & ANR. Vs. THE STATE GOVT. OF NCT OF DELHI & ANR 25.08.2021 CW-4 Mr. Sukh Ram, s/o Mr. Ugara Ram, age 31 years, r/o Mangiliya Was, Nagaur, Rajasthan-341511 On S.A. The mediation settlement dated 22.01.2021 arrived at at the Mediation Centre, Saket Courts bears my signatures thereon, which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
I undertake to abide by the terms of the said mediation settlement pursuant to the complainant not objecting to the quashing of the FIR No.48/2013, PS Chitranjan Park, under Sections 451/506/323/34 of the Indian Penal Code, 1860 in terms of the mediation settlement and I undertake to withdraw the suit bearing CS SCJ No.50348/2016 on the next date of hearing stated to be 28.08.2021 before the Court of the Learned Civil Judge, South-East, Saket.
I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 25.08.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.08.2021 17:21:47 This file is digitally signed by PS to HMJ ANU MALHOTRA.