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Sandeep Hitkari & Ors. vs The State ( Nct ) Of Delhi on 13 September, 2018

$~85
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.09.2018

+ CRL.M.C. 4642/2018
SANDEEP HITKARI ORS ….. Petitioners
versus

THE STATE ( NCT ) OF DELHI ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr.S.S. Gandhi, Sr. Adv. with Mr.Gaurav Gupta
Mr.Abhinay Gupta, Advs. for P-1 3 to 7.
Mr.Mustafa Alam, Adv. for P-2.

For the Respondent: Mr.Panna Lal Sharma, APP.
SI Anuj Singh PS Hazrat Naizamuddin.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

13.09.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31963/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4642/2018 Crl.M.A. 31964/2018

1. By this joint petition, petitioners seek reference of the FIR
No.332/2014 under sections 406/323/498A/34/341 IPC and FIR
No.346/2014 under sections 10 (m)(n) of the POCSO Act, police station
Hazrat Nizamuddin to mediation.

2. Petitioner no.2 is the complainant and petitioner no.1 is the husband
of petitioner no.2 and petitioner nos.3 to 7 are relatives of petitioner no.1.

CRL.M.C. 4642/2018 1

Petitioner nos.1, 3 to 7 are the accused in the two FIRs.

3. Learned senior counsel appearing for the accused submits that the
medical opinion rendered by the doctor does not support the allegations
under section 10 of the POCSO Act. He submits that parties are
endeavouring to settle their disputes but they require professional help of a
mediator for the purposes of resolution of their disputes that is the reason
they have filed this petition so that the disputes can be referred to
mediation.

4. Learned senior counsel further submits that once the disputes are
settled, parties shall take appropriate steps in accordance with law.

5. Keeping in view of the nature of allegations and submissions of the
learned counsel for the parties, petitioners are referred to mediation.
Petitioners shall appear before the Delhi High Court Mediation and
Conciliation Centre on 14.09.2018 at 04:00 p.m.

6. The parties also submit that pending mediation they shall be praying
to the Trial Court for deferment of the proceedings so long as the parties are
before mediation, as there is a possibility of settlement.

7. Petition is accordingly disposed of in the above terms.

8. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
SEPTEMBER 13, 2018/ab

CRL.M.C. 4642/2018 2

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