Delhi High Court
Deepa Arya vs The State Govt Of Nct Of Delhi & Anr on 13 March, 2020
$~49 to 54, 39 & 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.03.2020.
+ CRL.M.C. 1692/2018
DEEPA ARYA ..... Petitioner
versus
STATE(NCT OF DELHI)& ANR ..... Respondents
+ W.P.(CRL) 3624/2017
DEEPA ARYA ..... Petitioner
versus
THE STATE GOVT OF NCT OF DELHI & ANR .
.... Respondents
+ W.P.(CRL) 1544/2019
DEEPA ARYA & ANR ..... Petitioners
versus
THE STATE & ORS ..... Respondents
+ W.P.(CRL) 2311/2019
DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR. ..... Respondents
CRL.M.C. 1692/2018 & Page 1 of 6
other connected matters
+ W.P.(CRL) 2315/2019
DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR. ..... Respondents
+ W.P.(CRL) 2408/2019
GAURAV GOEL ..... Petitioner
versus
STATE & ORS. ..... Respondents
+ W.P.(CRL) 2312/2019
DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR. ..... Respondents
+ W.P.(CRL) 2314/2019
DEEPA ARYA ..... Petitioner
versus
STATE & ANR. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. R.K. Saini with Mr. Awadh Kaushik, Mr. Ankit Singh
and Ms. Tavishi Vats, Advocates.
For the Respondent: Mr. Piyush Singh, Advocate for Mr. Ashish Aggarwal,
ASC, State in W.P.(Crl.) 2408/2019
Ms. Nandita Rao, ASC with Mr. Amit Peshwani, Advocate
for State.
Mr. P. Venkata Raman with Mr. Selvaraj Manoj, Mr.
Shauraya Verma and Mr. V. Senthail Kumar, Advocates
for respondent No.2.
CRL.M.C. 1692/2018 & Page 2 of 6
other connected matters
Mr. Jagat Singh, applicant in Crl.M.A.3943/2020,
Crl.M.A.5375/2020 & Crl.M.A.5373/2020
SI Babu Lal, PS S.J. Enclave in W.P.(Crl.)2311/2019
Inspr. Shyam Sunder, SOS-II, Crime Branch.
Inspr. Mukesh Kumar Singh, SPl. Cell.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.33855/2019 (exemption) in W.P.(Crl.) 2315/2019
Crl.M.A.34594/2019 (exemption),) in W.P.(Crl.) 2408/2019
Exemptions are allowed subject to all just exceptions.
Crl.M.A.3943/2020 (seeking directions to implead Mr. Jagat
Singh as petitioner No.2) in W.P.(CRL) 2311/2019
Crl.M.A.5375/2020 (seeking directions to implead Mr. Jagat
Singh as petitioner No.2) in W.P.(CRL.) 2312/2019
Crl.M.A.5373/2020 (seeking directions to implead Mr. Jagat
Singh as petitioner No.2) in W.P.(CRL.) 2314/2019
1. By these applications, Mr. Jagat Singh has sought impleadment
in the petitions as petitioner No.2 and also stay of coercive action
against him in the subject FIR.
2. Mr. Jagat Singh submits that since there is no settlement, he
would like to withdraw the applications with liberty to file a
substantive petition seeking quashing of the FIRs on merits qua him.
3. Applications are, accordingly, dismissed as withdrawn, with
other connected matters
liberty as prayed for.
CRL.M.C. 1692/2018, W.P.(CRL) 3624/2017 &
Crl.M.A.21481/2017 (stay),W.P.(CRL) 1544/2019, W.P.(CRL)
2311/2019, Crl.M.A.5471/2020 (for directions), Crl.M.A.3738/2020
(stay), Crl.M.A.3942/2020 (stay), W.R.(CRL.) 2315/2019,
W.R.(CRL.) 2408/2019, W.P.(CRL.) 2312/2019, W.P.(Crl.)
2314/2019
1. Pursuant to order dated 11.03.202, Status report is filed by the
Station House Officer, Police Station: Safdarjung Enclave, in Court.
The same is taken on record.
2. These writ petitions were filed for quashing of the FIRs on the
ground that parties have settled their disputes in mediation on
15.05.2019 and the respective complainants did not wish to press their
respective complaints.
3. After 15.05.2019, pursuant to the settlement and consent given
by the complainants, some of the cross-FIRs were also quashed.
4. Allegation has been made on behalf of the complainants that
Ms. Deepa Arya the petitioner in CRL.M.C. 1692/2018, W.P.(CRL)
3624/2017, W.P.(CRL) 1544/2019, W.P.(CRL) 2311/2019, ,
W.R.(CRL.) 2315/2019, W.P.(CRL.) 2312/2019 and W.P.(Crl.)
2314/2019, has sent threatening SMS from Mobile No.+ 91
9999351167 to mobile No. + 91 9999692752 of Mr. Gaurav Goel on
09.01.2020.
other connected matters
5. Though this is denied by the learned counsel appearing for Ms.
Deepa Arya. However, the status report filed in court by the Station
House Officer, Police Station: Safdarjung Enclave has confirmed that
on 09.01.2020 at 00:21:48 hrs a message was sent from Mobile No.
9999351167 to mobile No. 9999692752.
6. The Status Report also states that Ms. Deepa Arya has stated
that Mobile No. 9999351167 was given to her by Mr. R.K. Saini (her
advocate) 18.12.2017 and she had used it till 15.02.2020, when the
mobile phone containing the said SIM was lost. Report also states that
Mr. Rakesh Kumar Saini is the registered owner of the said mobile
number.
7. Learned Counsel for the complainant submits Ms. Deepa Arya
has breached the terms of the settlement by sending the threatening
SMS and has even deposed against the complainant in the
departmental enquiry against the police officers. He submits that the
complainant are constrained not to give their no objection to the
quashing of the subject FIRs.
8. Mr. R.K. Saini, Advocate appearing for Ms. Deepa Arya
submits that breach of the settlement is on the part of the
complainants.
9. The allegations and counter allegations clearly show that the
parties and now not at ad-idem with regard to the settlement and
other connected matters
accordingly the settlement cannot be implemented.
10. Since these petitions have been filed for quashing solely based
on the settlement agreement and now there are allegations and counter
allegations, these petitions cannot be allowed and subject FIRs cannot
be quashed purely on the basis of the settlement.
11. The Petitions are, accordingly, dismissed. Interim orders are
vacated.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
MARCH 13, 2020
st
other connected matters
