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W.P.(CRL) 3599/2019 1
HIGH COURT OF DELHI
Date of Decision: December 24, 2019
HIGH COURT OF DELHI
Date of Decision: December 24, 2019
W.P.(CRL) 3599/2019 and CRL.M.A. 43583/2019 and CRL.M.A.
43584/2019 VINIT @ VINAY & ORS. ..... Petitioners
Through Mr. Vijay Singh and Mr. Vishal Chabra, Advocates alongwith petitioners in person
43584/2019 VINIT @ VINAY & ORS. ..... Petitioners
Through Mr. Vijay Singh and Mr. Vishal Chabra, Advocates alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Ranbir Singh Kundu, ASC for the State with Mr. Shivom Saharon, Advocate with SI
Madhav, P.S.: Bhalswa Dairy Mr. Neeraj Kant Singh, Advocate for Respondent no.2 alongwith respondent no.2 in person
Through Mr. Ranbir Singh Kundu, ASC for the State with Mr. Shivom Saharon, Advocate with SI
Madhav, P.S.: Bhalswa Dairy Mr. Neeraj Kant Singh, Advocate for Respondent no.2 alongwith respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 66/2015, under Sections 323/427/452/454/34
IPC, registered at Bhalswa Dairy, New Delhi is sought on the basis of
2019:DHC:7260
Quashing of FIR No. 66/2015, under Sections 323/427/452/454/34
IPC, registered at Bhalswa Dairy, New Delhi is sought on the basis of
2019:DHC:7260
W.P.(CRL) 3599/2019 2 mediated Settlement Agreement of 29th November, 2019 reached through Delhi Mediation Centre, Rohini District Courts, Delhi.
Notice.
Mr. Ranbir Singh Kundu, learned Additional Standing Counsel for respondent-State accepts notice and submits that the petitioners and respondent No.2 are present in the Court and they have been identified by
Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of the mediated
Settlement Agreement of 29th November, 2019. He submits that the terms of aforesaid Settlement Agreement of 29th November, 2019 have been fully complied with. He affirms the contents of his affidavit supporting this petition and submits that now no dispute with the petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the subject matter of dispute stands amicably resolved between the parties, continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Accordingly, this petition is allowed and FIR No. 66/2015, under
Sections 323/427/452/454/34 IPC, registered at Bhalswa Dairy, New Delhi and the proceedings emanating therefrom are quashed qua petitioners subject to providing 50 saplings of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10” Earthen pot; 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10”Earthen pot and 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in
Notice.
Mr. Ranbir Singh Kundu, learned Additional Standing Counsel for respondent-State accepts notice and submits that the petitioners and respondent No.2 are present in the Court and they have been identified by
Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of the mediated
Settlement Agreement of 29th November, 2019. He submits that the terms of aforesaid Settlement Agreement of 29th November, 2019 have been fully complied with. He affirms the contents of his affidavit supporting this petition and submits that now no dispute with the petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the subject matter of dispute stands amicably resolved between the parties, continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Accordingly, this petition is allowed and FIR No. 66/2015, under
Sections 323/427/452/454/34 IPC, registered at Bhalswa Dairy, New Delhi and the proceedings emanating therefrom are quashed qua petitioners subject to providing 50 saplings of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10” Earthen pot; 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10”Earthen pot and 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in
W.P.(CRL) 3599/2019 3
10”earthen pot, by the petitioners with the Director (Horticulture), Pandara Road, New Delhi.
Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 50,000/- which shall be deposited with the Delhi High Court
Staff Welfare Fund.
This petition and applications stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 24, 2019 savita
10”earthen pot, by the petitioners with the Director (Horticulture), Pandara Road, New Delhi.
Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 50,000/- which shall be deposited with the Delhi High Court
Staff Welfare Fund.
This petition and applications stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 24, 2019 savita