Delhi High Court
Chander Shekhar & Ors. vs State Through Sho & Anr. on 23 May, 2023
Neutral Citation Number2023:DHC:3760
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3730/2023 & CRL.M.A. 14101/2023
CHANDER SHEKHAR & ORS. ..... Petitioners
Through: Ms. Shikhaa Kapoor, Advocate with
petitioners.
versus
STATE THROUGH SHO & ANR. ..... Respondents
Through: Mr. Hemant Mehla, APP for State
with Mr. Dipanshu Meena, Advocate
and ASI Raj Kumar and SI Anoop
Rana, PS Bindapur.
% Date of Decision:23.05.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 14102/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 3730/2023
1. The present petition has been filed seeking the quashing of case FIR
No. N0.325/2016 under Section 323/325/452/354B/506/509/34 IPC
registered at P.S. Bindapur.
2. Learned counsel for the petitioner submits that the present FIR was
lodged on the statement of respondent no.2 alleging that petitioners entered
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.05.2023
16:16:16
Neutral Citation Number2023:DHC:3760
the house of the complainant/ respondent no. 2 and physically assaulted and
give beatings to respondent no.2 and her family members. He submits that in
fact, the petitioner herein had previously filed various complaints against
respondent no. 2 and was also summoned for the offence punishable under
Section 354 IPC. However, it has been submitted that during the pendency
of this petition, the matter was referred to the mediation centre and at the
mediation centre the parties entered into a memorandum of understanding
dated 28.03.2018 on the following terms and conditions:
"1. That it has been agreed between the parties to this MOU
that first party (jointly & severely) will pay a sum of Rs.
30,000 /- (thirty thousand) to the second party as full and
final settlement, and the payment of Rs.30,000/- will paid to
the second party in three equal installments of Rs. 10,000/-
each.
2. That it has been agreed between the parties to this MOU
that first installment of Rs. 10,000/- shall be paid to second
party by the first party before the court of sh. Kishore
Kumar Ld. MM at the time of the recording of withdrawal
statement in the complaint case nos. 5004029 / 2016 &
5004030/2016.
3. That it has been agreed between the parties to this MOU
that second installment of Rs. 10,000/- shall be paid to
second party by the first party before the court of Ld. MM
(Mahila Court), Delhi at the time of the recording of
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Digitally Signed
By:PALLAVI VERMA
Signing Date:27.05.2023
16:16:16
Neutral Citation Number2023:DHC:3760
statement of the parties in the case FIR bearing no.
325/2016 under section 323/325/452/354-B/506/509/34 IPC
P.S. Bindapur.
4. That it has been agreed between the parties to this MOU
that third installment of Rs. 10,000 /- shall be paid to
second party by the first party before the Hon'ble High
Court at the time of the Quashing of FIR bearing no.
32512016 under section 323/325/452/354-B/506/509/34
IPC P.S. Bindapur.
5. That it has been agreed between the parties to this MOU
that Smt. Rekha Devi & Geeta Devi i.e. part of the first
party will withdraw the criminal complaint bearing nos.
5004029/2016 & 5004030/2016 pending before the court of
Sh. Kishore Kumar, Ld. MM, Dwarka Court, Delhi.
6. That it has been agreed between the parties to this MOU
that the first party will file a quashing petition before
Hon'ble High Court for the quashing the FIR bearing No.
0325/2016, U/s 323/325/452/354-B/506/509/34 IPC, P.S.
Bindapur and Ms. i.e. Second Part of the second party
agreed that she will extend her full cooperation in quashing
of FIR in question.
7. That in case if first party and second party will raise any
objection with regard to contents and settlement of the
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Digitally Signed
By:PALLAVI VERMA
Signing Date:27.05.2023
16:16:16
Neutral Citation Number2023:DHC:3760
present MOU, the objection and claim raised by the first
party and second party shall be deemed to ab-initio null and
avoid having no force in it.
8. That both the parties undertake that they shall not file any
complaint / civil Suit against each other in future regarding
the issue in question and the complaint/ suit filed by both the
parties against each other shall be stands withdrawn before
the competent/ concerned authorities and no action is either
required or shall be taken in the matter. However, for the
sake of all fairness the complaints/Suit filed by both the
parties against each other shall be withdrawn by the
respective parties within a reasonable time.
9. That the aforesaid MOU is being executed by the parties
of their own accord, free will and consent and without any
force, fraud, fear, pressure, coercion or undue influence in
any manner whatsoever.
10. That this deed will be binding on the both parties as well
as their respective LRs, assignees etc. Whosoever on their
behalf."
3. It has been submitted that pursuant to the settlement the complaint
case bearing no. CC 5004030/2016 titled Geeta Devi Vs. Prince already
stands withdrawn on 28.03.2018.
4. The parties are present in court and have duly been identified by the
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.05.2023
16:16:16
Neutral Citation Number2023:DHC:3760
IO. They state that they have sorted out their all disputes and differences
with the intervention of a learned Mediator. They state that no grudge or
grievance is left against each other and therefore they request that the
present FIR be quashed.
5. In view of the amicable settlement and my interaction with the parties,
I consider that the ends of justice would be met if the FIR under reference is
quashed.
6. Accordingly, FIR No. N0.325/2016 under Section
323/325/452/354B/506/ 509/34 IPC registered at P.S. Bindapur and all the
other proceedings emanating therefrom are quashed.
7. The petition along with pending application stands disposed of.
DINESH KUMAR SHARMA, J
MAY 23, 2023/AR
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.05.2023
16:16:16
