CRL.M.C./3169/2017 of SUSHIL KUMAR MISHRA & ORS Vs STATE OF NCT OF DELHI & ORS
Parties
- SUSHIL KUMAR MISHRA & ORS (PETITIONER)
- STATE OF NCT OF DELHI & ORS (RESPONDENT)
Cites (1)
- WRIT PETITION 732 of 2016 (2025)
Statutes cited (1)
Full text
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*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 3169/2017
SUSHIL KUMAR MISHRA & ORS
..... Petitioners
ThroughMr. S S Sharma, Adv
versus
STATE OF NCT OF DELHI & ORS..... RespondentsThroughAPP for State with SI Ramesh Lal,PS Preet Vihar
Mr. Sunil K Tiwari, Adv forRespondent no.2 / Complainant
CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%31.10.2017
Petitioners have prayed for quashing of FIR No.292/2016 underSections 170/365/384/419/34 IPC registered at P.S. Preet Vihar on thecomplaint of respondent no. 2. Respondent no. 2 is present in the Courtalong with his counsel and has been identified by SI Ramesh Lal of PS PreetVihar.
Petitioners and private respondents (complainants) were known toeach other. perusal of FIR shows that on the date of incident, petitionercalled upon the complainant-respondent no.2 at monastery near KashmereGate where petitioners nos. 2 to 4 also came and beat the complainant andalso threatened him that in case he did not give `1,50,000/- to them, theywould implicate him in false case. Petitioners took respondent no.2 to twodifferent ATM booths and forced him to withdraw `65,000/-.
Respondent no.2 submits that he has now settled the matter with thepetitioners amicably with the intervention of their common friends. formalcompromise deed / settlement deed 7[th]October, 2017 has been executedduring the pendency of the present petition, since there were some errors inthe earlier settlement deed dated 13[th]July, 2017. He further submits thatpetitioners have already paid `1,10,000/- to respondent no.2 on 26[th]September, 2016. Respondent no.2 says that he is not willing to pursue thecriminal proceedings against petitioners and the same may be quashed.
Keeping in mind the facts and circumstances as detailed above, moreparticularly the fact that accused persons and complainant have settled theirdisputes, in the interest of justice FIR No.292/2016 under Sections170/365/384/419/34 IPC registered at P.S. Preet Vihar and the consequentproceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Dasti.
OCTOBER 31, 2017
A.K. PATHAK, J