High CourtsSingle Bench(2019) 01 DEL CK 0349

Laxmi Narain @ Pappy & Ors vs State (Nct Of Delhi) & Ors

Delhi High Court · Decided on 7 January 2019

HON’BLE JUDGES
Sunil Gaur, J
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous Case No. 5033 Of 2017

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Judgment

14 paragraphs · 383 words

Crl.M.A.19884/2017 (Exemption)

Allowed subject to all just exceptions.

Crl.M.A.19885/2017 (delay)

There is delay of 02 days in re-filing the accompanying petition.

For the reasons stated in the application, it is allowed and the delay is condoned.

The application is disposed of.

CRL.M.C. 5033/2017 & Crl.M.A. 19883/2017 (stay)

1.

Quashing of FIR No.209/2012, under Sections 323/354/34 of IPC registered at police station Nangloi, Delhi is sought in this petition on the basis of Mediated Settlement of 3rd September, 2015 (Annexure P-2).

2.

Upon notice, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by SI Ranbir Singh on the basis of identity proof produced by her. Respondents No.3 & 5 are also present in the Court and they submit that they have instructions from respondents No.4, 6 & 7 to submit that they respondents shall abide by the aforesaid Mediated Settlement (Annexure P-2). As per aforesaid Mediated Settlement (Annexure P-2), complainant of the FIR in question has to be compensated.

3.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesaid Mediated Settlement (Annexure P-2) and that she has already received part compensation of Rs. 20,000/- .

4.

Learned counsel for petitioners submits that petitioners have brought compensation of Rs. 40,000/- in cash, which has been handed over to respondent No.2, who has accepted it. Learned counsel for petitioners submits that petitioners are neighbours of respondents and petitioners have undertaken to pay the balance compensation amount of Rs. 10,000/- in cash to her within two days from today. This is acceptable to respondents. Let it be so done.

5.

In the facts and circumstances of this case, this petition and the application are disposed of with direction to respondent No.2-Renu to hand over her affidavit regarding the Mediated Settlement (Annexure P-2) being fully acted upon, to petitioners after receiving the entire compensation and thereafter, petitioners shall place the said affidavit before the trial court on the date fixed. If it is so done, then the proceedings arising out of the FIR in question be brought to an end by the trial court.

6.

With aforesaid directions, this petition and the application are disposed of.

Dasti.