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Manish Gupta & Ors vs State & Anr on 2 March, 2020

$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5739/2018
MANISH GUPTA ORS. ….. Petitioners
Through: Mr. Bakul Jain, Advocate with Mr.
Vishal Gupta, Advocate with petitioners in person.
Versus
STATE ANR. ….. Respondents
Through: Mr. Mukesh Kumar, APP for State with
SI Rahul Kumar, P.S. Laxmi Nagar
Mr. S. Parveen, Advocate with respondent No. 2 in
person
CORAM:
HON’BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER

% 02.03.2020

1. The present proceedings are instituted seeking quashing of FIR No.
213/2015 under Sections 498-A/406/377/373/328/34 IPC registered at
Police Station Shakarpur, Delhi on the ground of settlement having been
arrived at between the parties.

2. Learned APP for the State, submits that the charge sheet in the present
case has been filed under the aforesaid sections against the petitioners and
respondent no.2 is the only complainant/victim.

3. Learned counsel for the petitioner submits that so far as allegations
under Section 377 IPC are concerned, he has referred to the order dated
06.08.2018 passed by the trial court wherein it was recorded that on
10.04.2015, it had come in the verification report by the Investigating
Officer that the complainant, on the alleged date of incident, was in Mumbai
where she had withdrawn money from some ATM.

CRL.M.C. 5739/2018 Page 1 of 2

4. Learned counsel for the petitioners submits that the petitioners and
respondent no.2 have entered into a settlement on 06.05.2015 before Delhi
Mediation Centre, Karkardooma Courts, Delhi. A copy of the same is
annexed with the petition as Annexure-B. In terms of the settlement,
respondent No. 2 is now left with no claim whatsoever against the
petitioners.

5. The petitioners and respondent no.2 who are present in person are
identified by their respective counsels as well as by the Investigating
Officer.

6. Respondent no. 2 states that she has entered into the settlement with
the petitioners out of her own free will, volition and without any undue
force, pressure or coercion. She further states that she has no objection if the
present FIR and consequent proceedings are quashed.

7. Learned counsels for the parties submit that no other proceedings are
pending between the parties.

8. The parties shall remain bound by their statements made in Court
today.

9. In view of the settlement arrived at between the parties voluntarily, in
my view, no useful purpose will be served in continuance of the present
criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR
and the consequent proceedings emanating therefrom are hereby quashed.

10. With the above directions, the petition is disposed of.

11. Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J
MARCH 02, 2020/p’ma
CRL.M.C. 5739/2018 Page 2 of 2

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