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HIGH COURT OF DELHI
Date of Decision: 08.04.2025
10797/2025 RAJEEV @ RAJEEV KUMAR & ANR. .....Petitioners
Through: Mr. Pankaj Kumar Karan, Advocate.
Through: Ms. Manjeet Arya, APP for State
JUDGMENT
1. The petitioners seek quashing of FIR No.202/2017 of PS Dwarka South for offences under Section 354/354A/509/323/34 IPC. It is contended on behalf of petitioners that the petitioners entered into settlement with the present respondent no.2 (complainant de facto) by way of mediation settlement dated 27.10.2022.
2. Learned APP appearing on advance intimation has produced before me the two statements of respondent no.2 recorded under Section 164 Cr.P.C, leveling specific and detailed allegations.
GIRISH KATHPALIA KATHPALIA CRL.M.C. 2409/2025 pages
3. Learned counsel for petitioners contends that respondent no.2, despite having compromised the disputes before Mediation Centre, Dwarka Courts, Delhi, has now backed out and is demanding money.
4. Admittedly, the offences charged against the petitioners are non compoundable in nature. Not only this, earlier the petitioners filed similar petition, registered as CRL.M.C. 3446/2023, but withdrew the same vide order dated 13.12.2024 seeking liberty to file fresh petition for quashing of the FIR on merits. In other words, the petitioners themselves have abandoned the mediation settlement, upon realizing the non compoundability of the offences charged against them.
5. On merits, no argument at all has been advanced on behalf of petitioners. Even in the pleadings of the present petition, there is no whisper about challenge on merits and the entire petition simply banks upon the mediation settlement, which ground as mentioned above has already been given up by the petitioners.
6. Considering the above circumstances, I find no merit at all to even issue notice. The petition and accompanying applications are dismissed.
GIRISH KATHPALIA (JUDGE) APRIL 08, 2025 KATHPALIA