Full Text
Translation output
HIGH COURT OF DELHI
CRL.M.C.3436/2016& Crl.M.A.14537/2016
RAMJILAL CHAUHAN &ORS Petitioners
Through: Mr. A.K.Singh,Adv. with petitioners in person.
CRL.M.C.3436/2016& Crl.M.A.14537/2016
RAMJILAL CHAUHAN &ORS Petitioners
Through: Mr. A.K.Singh,Adv. with petitioners in person.
VERSUS
STATE(NCT OF DELHI)&ANR Respondents
Through: Mr.Izhar Ahmad,AFP with SI Vinod PS Sarita Vihar.
Mr. Satish Kumar, Adv. for R-2 with R-2 in person.
Through: Mr.Izhar Ahmad,AFP with SI Vinod PS Sarita Vihar.
Mr. Satish Kumar, Adv. for R-2 with R-2 in person.
AND
W.P.(CRL)2732/2016
KRISHAN AVTARPANDEY Petitioner
Through: Mr.Satish Kumar,Adv.with petitioner
KRISHAN AVTARPANDEY Petitioner
Through: Mr.Satish Kumar,Adv.with petitioner
VERSUS
STATE(NCT OFDELHI)&ANR Respondents
Through: Mr. Ashish Aggarwal, ASC for R-1 with SI Vinod PS Sarita Vihar.
Mr.A.K.Singh,Adv.for R-2 with R-2
Through: Mr. Ashish Aggarwal, ASC for R-1 with SI Vinod PS Sarita Vihar.
Mr.A.K.Singh,Adv.for R-2 with R-2
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
19.09.2016 By the above noted petitions,petitioners have prayed for quashing ofthe following cases;-
(a)Complaint case bearing CC No.1048/1/13 under Sections
323/354/451/506/34 IPC relating to jurisdiction of police station Sarita
Vihar, pending before the court of Ms. Shiwani Chauha, MM/Mahila
Court(South East),SaketCourts,New Delhi.
(b)FIR No.64/2013 under Sections 420/465/468/471 IPC registered at
2016:DHC:9132 police station Sarita Vihar.
On an oral prayer made by the learned counsel for the petitioners, Mr. Deshvir Singh(accused no.3 in the complaint)is impleaded as respondent no.3 in Crl.M.C.No.3436/2016. Late Shri Bhim Singh(arrayed as accused no.l in the complaint) has died during the trial. Amended memo of parties be filed during the course ofday.
Respondent no.2 Smt.Kamlesh Pandey had filed the criminal complaint mentioned at serial no.(a), against the petitioners, respondent no.3 and Late
Shri Bhim Singh, that is, father of Sh.Rajesh, who is respondent no.2 in
W.P.(Crl.) No.2732/2016. Petitioners and respondent no.3 were summoned under Sections 354/323/506/451/34 IPC. Pre charge evidence is still in progress.
As regards FIR mentioned at serial no.(b)is concerned,same has been registered on the complaintofRajesh against Krishan AvtarPandey,who isthe husband ofKamlesh Pandey.
Parties to the complaint case were referred to the Mediation Centre, Saket Courts, New Delhi where they have settled the disputes involved in the complaint case as also in the FIR on 12'^ February, 2016. Respondent no.3/Deshvir Singh was not before the Mediation Centre, however, Kamlesh
Pandey states that she does not wish to pursue the complaint against him as
/ well. A copy of the proceedings of Mediation Centre has been placed on record.
In terms of the settlement, Rajesh has paid ?2,00,000/- to Kamlesh
Pandey vide a demand draft, a copy whereof has been placed on record in
W.P.(Crl.)2732/2016.
Keeping in mind the fact that parties have settled their disputes before the mediation centre, in the interest ofjustice, complaint case bearing CC
No.1048/1/13 under Sections 323/354/451/506/34 IPG relating to jurisdiction of police station Sarita Vihar pending before the court of Ms. Shiwani Chauhan,MM/Mahila Court(South East),Saket Courts,New Delhi as well as the FIR No.64/2013 under Sections 420/465/468/471 IPG registered at police station Sarita Vihar, as mentioned at serial nos.(a) & (b) hereinabove, are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous application is disposed ofas infructuous.
K,J.
SEPTEMBER 19,2016/dk
19.09.2016 By the above noted petitions,petitioners have prayed for quashing ofthe following cases;-
(a)Complaint case bearing CC No.1048/1/13 under Sections
323/354/451/506/34 IPC relating to jurisdiction of police station Sarita
Vihar, pending before the court of Ms. Shiwani Chauha, MM/Mahila
Court(South East),SaketCourts,New Delhi.
(b)FIR No.64/2013 under Sections 420/465/468/471 IPC registered at
2016:DHC:9132 police station Sarita Vihar.
On an oral prayer made by the learned counsel for the petitioners, Mr. Deshvir Singh(accused no.3 in the complaint)is impleaded as respondent no.3 in Crl.M.C.No.3436/2016. Late Shri Bhim Singh(arrayed as accused no.l in the complaint) has died during the trial. Amended memo of parties be filed during the course ofday.
Respondent no.2 Smt.Kamlesh Pandey had filed the criminal complaint mentioned at serial no.(a), against the petitioners, respondent no.3 and Late
Shri Bhim Singh, that is, father of Sh.Rajesh, who is respondent no.2 in
W.P.(Crl.) No.2732/2016. Petitioners and respondent no.3 were summoned under Sections 354/323/506/451/34 IPC. Pre charge evidence is still in progress.
As regards FIR mentioned at serial no.(b)is concerned,same has been registered on the complaintofRajesh against Krishan AvtarPandey,who isthe husband ofKamlesh Pandey.
Parties to the complaint case were referred to the Mediation Centre, Saket Courts, New Delhi where they have settled the disputes involved in the complaint case as also in the FIR on 12'^ February, 2016. Respondent no.3/Deshvir Singh was not before the Mediation Centre, however, Kamlesh
Pandey states that she does not wish to pursue the complaint against him as
/ well. A copy of the proceedings of Mediation Centre has been placed on record.
In terms of the settlement, Rajesh has paid ?2,00,000/- to Kamlesh
Pandey vide a demand draft, a copy whereof has been placed on record in
W.P.(Crl.)2732/2016.
Keeping in mind the fact that parties have settled their disputes before the mediation centre, in the interest ofjustice, complaint case bearing CC
No.1048/1/13 under Sections 323/354/451/506/34 IPG relating to jurisdiction of police station Sarita Vihar pending before the court of Ms. Shiwani Chauhan,MM/Mahila Court(South East),Saket Courts,New Delhi as well as the FIR No.64/2013 under Sections 420/465/468/471 IPG registered at police station Sarita Vihar, as mentioned at serial nos.(a) & (b) hereinabove, are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous application is disposed ofas infructuous.
K,J.
SEPTEMBER 19,2016/dk
JUDGMENT