Himanshu Rana & Ors v. The State Govt of NCT of Delhi & Anr

Delhi High Court · 10 Nov 2017 · 2017:DHC:8080
A. K. Pathak
W.P.(CRL) 2238/2017
2017:DHC:8080
criminal petition_allowed

AI Summary

The Delhi High Court quashed two cross FIRs registered between related parties following their amicable settlement through mediation under the Delhi State Legal Services Authority.

Full Text
Translation output
HIGH COURT OF DELHI
W.P.(CRL) 2238/2017
Petitioners
Through Mr. Sandeep Lochab, Adv is:- ANJUifeORS
VERSUS
STATE & ANR
Through
CRL.M.C. 2953/2017 fflMANSHU RANA & ORS
Through Respondents Mr. R S Kundu, ASC for State with
Mr. Bhagat singh, Adv SI Dharmnder Pratap Singh, PS
Samaipur Badli Petitioners Mr. Sanjeev Lakra, Adv
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR Respondents
Through Ms. Meenakshi Dahiya, APP for State SI Dharmnder Pratap Singh, PS
Samaipur Badli
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
10.1L2017 Petitioners have prayed for quashing offollowing two cross FIRs, that
ORDER

1. FIRno.301/2017 under Sections 323/354/354B/451/506/509/380/34 IPG registered at Police Station Samaipur Badli on the complaint of respondent no.2 Ms. Neelam in W.P.(CRL) 2238/2017; & 2017:DHC:8080

2. FIR no.303/2017 under Sections 328/341/354/34IPC registered at Police Station SamaipurBadli on the complaint ofrespondent no.2 Ms. Anju in CRL.M.C. 2953/2017. It is submitted that petitioners and respondent no. 2 in both the above captioned matters are related to each other and they have now settled their disputes amicably before the Mediation Centre, CAW Cell, Rohini, Delhi under the aegis of Delhi State Legal Service Authority. True copy of Settlement Agreement dated 19^*^ May, 2017 incorporating therein the terms and conditions ofsettlementas arrived at between the parties, is on record as Annexure P-2, in both these matters and bears signatures of Anju (wife) and Himanshu Rana (husband). Petitioner Himanshu Rana has handed over a demand draft of^5 lakhs to Ms. Anju in the Court today. Ms. Anju says that she has already received ?5 lakhs out of the total settled amount of ?15 lakhs and with this payment ^10 lakhs have been paid. It is submitted thatbalance ^5 lakhs shall be apid at the time of second motion. Respondentno.2Ms.Neelamin W.P.(CRL) 2238/2017andrespondent no.2 Ms. Anju in CRL.M.C. 2953/2017 are present in Court and have been identified by SI Dharmnder Pratap Singh, PS Samaipur Badli. Factum of volunteer settlement has been admitted by both Ms. Anju and Ms. Neelam and they submit that they have no objection if the aforementioned FIRs are quashed. Keeping in view the facts and circumstances, and more particularly the factthat parties are relatedto each other, who have now settledtheir disputes amicably in terms of settlement agreement dated 19^*^ May, 2017, in the interest of justice, both the FIRs, that is FIR no.301/2017 under Sections 323/354/354B/451/506/509/380/34 IPC registered atPolice Station Samaipur Badli on the complaint of respondent no.2 Ms. Neelam in W.P.(CRL) 2238/2017 and FIR no.303/2017 under Sections 328/341/354/34 IPC registered at Police Station Samaipur Badli on the complaint of respondent no.2 Ms. Anju in CRL.M.C. 2953/2017, which are still at the investigation stage, are quashed. Petitions are disposed of in the above terms. Dasti.

A.KMPATHAK,J NOVEMBER 10,2017 sm