Dinesh Bhargav v. The State NCT of Delhi & Anr

Delhi High Court · 13 Feb 2017 · 2017:DHC:819
S.P. Garg
Crl.M.C. 4308/2015
2017:DHC:819
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed a petition to quash an FIR based on settlement due to the complainant and victim's failure to appear and confirm the settlement in court.

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Crl.M.C. 4308/2015 HIGH COURT OF DELHI
Date of Decision: 13th FEBRUARY, 2017
CRL.M.C. 4308/2015
DINESH BHARGAV ..... Petitioner
Through : Mr.Gaurav Dua, Advocate.
VERSUS
THE STATE NCT OF DELHI & ANR ..... Respondents
Through : Ms.Meenakshi Dahiya, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (Oral)
JUDGMENT

1. Present petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of the FIR No.964/2013 registered under Sections 506/452/354 IPC at PS Mehrauli. It was informed that the matter has been settled with respondent No.2/ complainant amicably.

2. Vide order dated 30.10.2015 learned counsel for the petitioner had assured that the complainant and her husband who was one of the victims would remain present in the Court to report settlement. On 22.02.2016, the complainant could not appear due to physical ailment. Matter was adjourned to 06.05.2016. On that day too, it was informed that the complainant could not appear as she was hospitalized. The matter was posted for hearing on 08.09.2016. Similar request was made on that day. 2017:DHC:819 Crl.M.C. 4308/2015 Last opportunity was given to produce the complainant to report settlement. Today again, the complainant has not put appearance.

3. It appears that despite various adjournments granted the petitioner has failed to ensure the presence of the complainant and her husband the other victim. Apparently, the complainant and the victim are not interested in the settlement.

4. The present petition based on the settlement cannot be allowed in the absence of the complainant or her husband. The petition is dismissed.

JUDGE FEBRUARY 13, 2017 / tr