Sandeep Hitkari & Ors. vs The State ( Nct ) Of Delhi
2018 Latest Caselaw 5576 Del

$~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.

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