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W.P.(Crl.) 2043/2019 HIGH COURT OF DELHI
Date of Decision: December 17, 2019
Date of Decision: December 17, 2019
W.P.(CRL) 2043/2019
PRIYA ARYA & ANR. ..... Petitioners
Through Ms. Shreeya Tandon, Advocate alongwith petitioners in person
PRIYA ARYA & ANR. ..... Petitioners
Through Ms. Shreeya Tandon, Advocate alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Jamal Akhtar and Mr. Anand Thunbayil, Advocates for Mr. Rahul Mehra, Standing Counsel
(Criminal) for the State with SI Kishor Prasar, P.S.: C.R. Park
Mr. Sumit Singh Somria, Advocate for Respondent no.2/Uma Batra
Through Mr. Jamal Akhtar and Mr. Anand Thunbayil, Advocates for Mr. Rahul Mehra, Standing Counsel
(Criminal) for the State with SI Kishor Prasar, P.S.: C.R. Park
Mr. Sumit Singh Somria, Advocate for Respondent no.2/Uma Batra
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
0091/2018, under sections 420/468/471/120B/34 of the Indian Penal
2019:DHC:7043 Code, 1860, registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom.
The petitioners and respondent no.2 submitted that they have settled their disputes before the Mediation Centre, Saket Courts, New Delhi on 02.04.2019, on their own free will, without any force or coercion. Respondent no.2 stated that she does not want to pursue the matter.
Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0091/2018, under sections
420/468/471/120B/34 of the IPC, registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom are quashed, subject to providing 50 saplings of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10”
Earthen pot and 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 10”earthen pot, by the petitioners with the
Director (Horticulture), NDMC Purana Quila Road timber Nursery near
Indian Coast Guard Headquarters, Major Dhyan Chand Stadium, Gate
No. 7.
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.
Petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 17, 2019 savita
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
0091/2018, under sections 420/468/471/120B/34 of the Indian Penal
2019:DHC:7043 Code, 1860, registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom.
The petitioners and respondent no.2 submitted that they have settled their disputes before the Mediation Centre, Saket Courts, New Delhi on 02.04.2019, on their own free will, without any force or coercion. Respondent no.2 stated that she does not want to pursue the matter.
Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0091/2018, under sections
420/468/471/120B/34 of the IPC, registered at P.S.: C.R. Park, Delhi and the proceedings emanating therefrom are quashed, subject to providing 50 saplings of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10”
Earthen pot and 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 10”earthen pot, by the petitioners with the
Director (Horticulture), NDMC Purana Quila Road timber Nursery near
Indian Coast Guard Headquarters, Major Dhyan Chand Stadium, Gate
No. 7.
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.
Petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 17, 2019 savita