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Akshay Jain & Anr vs The State (Govt. Of Nct Of Delhi) & Anr on 23 May, 2022

Author: Talwant Singh

Bench: Talwant Singh

                      $~67
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      CRL.M.C. 2434/2022
                             AKSHAY JAIN & ANR.                                  ..... Petitioners
                                                Through:     Ms. Sakshi Arora and Mr. Rajesh
                                                             Jain, Advocates.
                                           versus
                             THE STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
                                                Through:     Ms. Meenakshi Chauhan, APP for
                                                             State.
                                                             SI Mamta PS Gandhi Nagar.
                                                             Complainant in person.
                             CORAM:
                             HON'BLE MR. JUSTICE TALWANT SINGH
                                                ORDER

% 23.05.2022

1. This is a petition filed by the petitioner under section 482 of Code of Criminal Procedure Code, 1973 for quashing of the FIR No. 460/2017 u/s 354D/509/506/34 IPC, registered with PS Gandhi Nagar, Delhi and consequential proceedings emanating therefrom.

2. The brief facts of the case are that petitioners are neighbours of the respondent no.2/complainant. The petitioner No.1 was the student of respondent No.2. Petitioner no.2/ accused namely Sukhmal Chand Jain, his son petitioner no. l Akshay Jain, teased respondent no.2 and followed respondent No.2 for the last 2-3 months. Wherever petitioner no.2 met respondent no.2 in the street or on the way, petitioners used to harass respondent no.2. Petitioners sent threatening messages to respondent no.2 on 30/l0/2017. All this, lead to registration of the abovesaid FIR.

3. The matter between the Petitioners/accused persons and the complainant, i.e. respondent no. 2 has been settled amicably in Mediation Center, Karkardooma Court, Delhi on dated 21.01.2020. The respondent No. 2 is no more interested to continue the said case, which is still pending before the Ld. Trial court of Ms. Harshita Vatsayan, M.M. (Mahila Court), Karkardooma Courts, Delhi.

4. The IO is present in the Court and has identified the parties.

5. The State has no objection to the matter being settled.

6. Considering the above settlement between the parties and chances of conviction of the petitioner are bleak, there is no use to continue with the proceedings of the present FIR as complainants have settled all the disputes and have received the settled amount from the petitioner.

7. Accordingly, the petition is allowed. Consequently, FIR No. 460/2017 u/s 354D/509/506/34 IPC, registered with PS Gandhi Nagar, Delhi and the proceedings emanating there from are quashed subject to payment of costs of Rs. 10,000/- which will be deposited with Lawyers' Welfare Fund, Shahdara Bar Association, Delhi. Copy of which will be handed over to IO within one week from today. Pending application(s), if any, also stands disposed of.

TALWANT SINGH, J MAY 23, 2022/mr Click here to check corrigendum, if any CRL.M.C. 2434/2022 Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:30.05.2022 19:20:54