Akbar & Anr. vs The State & Anr
2017 Latest Caselaw 4529 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P. (CRL.) 2827/2017
     AKBAR & ANR                     ..... Petitioners
                              Through: Mr. Manoj Kumar, Advocate.

                              versus

        THE STATE & ANR                                       ..... Respondents
                              Through: Ms. Aasha Tiwari, APP for the State
                              with SI Devender, P.S. Dabri, Delhi.
                              Respondent No.2 in person.

        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL
                     ORDER

% 28.08.2017

1. Status report has been filed.

2. It is submitted by learned APP through the IO that the charge sheet has been filed against both the petitioners. She submits that charges have not been framed.

3. On making reference by the learned MM, Mahilla Court, Dwarka, New Delhi, the parties appeared before the Mediator, Delhi Mediation Centre, Dwarka Courts, Delhi. They have resolved and settled all their disputes before the learned Mediator on 08.05.2015 on the following terms and conditions: -

"1. That the aggrieved person/complainant Smt. Chanchal Saxena has finally settled all her claims/disputes qua respondent Sh. Akbar with regard to offence u/s 323 IPC and qua respondent Sh. Raja with regard to offence u/s 509 IPC, FIR No.241/2013, P.S. Dabri, without any monetary

consideration. The respondents have tendered apology which has been accepted by the aggrieved person/complainant. The respondents have assured that they will not repeat any such act in future.

2. That all the abovesaid parties undertake to appear before the Hon'ble Referral Court for their respective statements today itself i.e. 08.05.2015 in terms of this settlement for compounding the offence u/s 323/509 IPC, as per law.

3. That the case pertaining to offence u/s 323/509 IPC in the present FIR shall be compounded as per law, with permission of the Hon'ble Referral Court today itself i.e. 08.05.2015 and thereafter, aggrieved person/complainant shall not raise any claim in future qua respondent Sh. Akbar with regard to offence u/s 323 IPC and qua respondent Sh. Raja with regard to offence u/s 509 IPC FIR No.241/13, PS Dabri.

4. That all the parties hereto shall bear their respective cost of litigation.

5. By signing this settlement, the parties hereto state that they have no further claims or demands against each other with respect to offence u/s 323/509 IPC in the present FIR and all the disputes and differences in this regard have been amicably settled by the parties hereto during the process of mediation and that they shall not initiate any litigation in future against each other in respect of offence u/s 323/509 IPC in the present FIR, subject to fulfilment of terms of this settlement.

6. That the abovesaid parties shall be bound by the terms and conditions as mentioned above and shall appear before the Hon'ble Referral Court today itself i.e. 08.05.2015 to make a statement in terms of this settlement.

In case any of the parties hereto does not abide by the terms and conditions of this settlement, other party shall be at liberty to take appropriate action as per law."

4. At the time of settlement between the parties before the learned Mediator, both the petitioners tendered apology which was accepted by the complainant/respondent No.2. Both the petitioners had also

assured that they shall not repeat any such act in future.

5. Pursuant to this mediation settlement the offences under Section 323/509 IPC were allowed to be compounded by the learned MM-02, Dwarka Court, New Delhi on 22.06.2015. Copy of the order is placed on record.

6. Both the petitioners present in the court undertake that they shall not repeat such behaviour. Their undertaking so furnished in the court is hereby accepted. The respondent No.2 submits that she has amicably settled the matter with the petitioner without any coercion and force. She submits that in view of the settlement, she does not want to pursue the said FIR. She further submits that the said FIR may be quashed.

7. In the circumstances, the matter has been settled between the parties and no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.241/2013, registered on 07.05.2013 with Police Station Dabri, South West, Delhi, under Section 354/323/506 IPC and proceedings arising out of the same are hereby quashed.

8. The petition is disposed of accordingly.

9. Dasti.

VINOD GOEL, J.

AUGUST 28, 2017 "sandeep"