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$-75 to 77 HIGH COURT OF DELHI
CRL.M.C. 772/2018
AJAY SHANKAR Petitioner
CRL.M.C. 772/2018
AJAY SHANKAR Petitioner
VERSUS
STATE & ANR Respondents and is + CRL.M.C. 779/2018
SULABH MATHUR Petitioner
SULABH MATHUR Petitioner
VERSUS
and
CRL.M.C. 793/2018
GAURAV MOHANTY Petitioner
GAURAV MOHANTY Petitioner
VERSUS
Counsels who appeared for the parties:
Advocates for the Petitioners: Mr Janender Kumar Chumbak and Mr Manu Bansal, Advocates.
Advocates for the Respondent: Mr Ashish Virmani and Ms Sana Khan, Advocate for R-
2 with R-2 in person.
Mr Sanjeev Sabharwal, APP with ASI Sunita, PS
Barakhamba Road.
Advocates for the Petitioners: Mr Janender Kumar Chumbak and Mr Manu Bansal, Advocates.
Advocates for the Respondent: Mr Ashish Virmani and Ms Sana Khan, Advocate for R-
2 with R-2 in person.
Mr Sanjeev Sabharwal, APP with ASI Sunita, PS
Barakhamba Road.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA 2018:DHC:8389
15.02.2018 Cr1. M.A. 2818/2018, 2854/2018 & 2882/2018 (exemption)
Allowed, subject to all just exceptions.
15.02.2018 Cr1. M.A. 2818/2018, 2854/2018 & 2882/2018 (exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 772/2018, CRL.M.C. 779/2018 & CRL.M.C. 793/2018
The petitioners seeks quashing of FIR No.131/2015 under
Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi, on the basis of a Settlement.
The complainant as well as the petitioner are working in the same Office, wherein it is contended the alleged incident took place.
Parties have settled their dispute through the process of
Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and Settlement Agreement dated 23.09.20 17 has been executed.
Learned counsel for the petitioner submits that in pursuance to the Settlement, the civil suit being CS (OS) No.15/2016 titled Exide
Lfe Insurance Company Limited
The petitioners seeks quashing of FIR No.131/2015 under
Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi, on the basis of a Settlement.
The complainant as well as the petitioner are working in the same Office, wherein it is contended the alleged incident took place.
Parties have settled their dispute through the process of
Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and Settlement Agreement dated 23.09.20 17 has been executed.
Learned counsel for the petitioner submits that in pursuance to the Settlement, the civil suit being CS (OS) No.15/2016 titled Exide
Lfe Insurance Company Limited
VERSUS
Mitun Garg & Ms Sana Khan
Another has been withdrawn qua defendant No.2 therein i.e. Ms Sana
Khan (complainant/respondent No.2 herein).
Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She informs that the relieving letter, which was to be given by the Insurance
Company has already been given to her and she has no objection to the quashing of the subject FIR. She also confirms that the settlement has taken place through the process of Mediation at the Delhi
Mediation Centre, Patiala House Courts, New Delhi and Settlement
Agreement dated 23 .09.2017 has been executed.
In view of the above and keeping in view of the fact that the parties have settled their dispute through the process of Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and
Settlement Agreement dated 23.09.20 17 has been executed and
O respondent No. 2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.
Accordingly, FIR No.131/2015 under Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi and the consequent proceedings emanating there from are hereby quashed.
Order Dasti under signatures of Court Master.
SAt J--- EV SACHDEV FEBRUARY 15,2018
Another has been withdrawn qua defendant No.2 therein i.e. Ms Sana
Khan (complainant/respondent No.2 herein).
Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She informs that the relieving letter, which was to be given by the Insurance
Company has already been given to her and she has no objection to the quashing of the subject FIR. She also confirms that the settlement has taken place through the process of Mediation at the Delhi
Mediation Centre, Patiala House Courts, New Delhi and Settlement
Agreement dated 23 .09.2017 has been executed.
In view of the above and keeping in view of the fact that the parties have settled their dispute through the process of Mediation at the Delhi Mediation Centre, Patiala House Courts, New Delhi and
Settlement Agreement dated 23.09.20 17 has been executed and
O respondent No. 2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.
Accordingly, FIR No.131/2015 under Sections 354/509/34 IPC, Police Station Barakhamba Road, Delhi and the consequent proceedings emanating there from are hereby quashed.
Order Dasti under signatures of Court Master.
SAt J--- EV SACHDEV FEBRUARY 15,2018
JUDGMENT