RAJEEV @ RAJEEV KUMAR & ANR. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.04.2025 + CRL.M.C. 2409/2025, CRL.M.A. 10796/2025 & CRL.M.A. 10797/2025 RAJEEV @ RAJEEV KUMAR & ANR. .....Petitioners Through: Mr. Pankaj Kumar Karan, Advocate. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State with Inspector Ramesh Chand, PS Dwarka South. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioners seek quashing of FIR No.202/2017 of PS Dwarka South for offences under Section 354/354A/509/323/34 IPC. It is contended on behalf of petitioners that the petitioners entered into settlement with the present respondent no.2 (complainant de facto) by way of mediation settlement dated 27.10.2022. 2. Learned APP appearing on advance intimation has produced before me the two statements of respondent no.2 recorded under Section 164 Cr.P.C, leveling specific and detailed allegations. CRL.M.C. 2409/2025 Page 1 of 2 pages Digitally signed by GIRISH GIRISH KATHPALIA KATHPALIA Date: 2025.04.08 14:38:43 -07'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:08.04.2025 18:33:46 3. Learned counsel for petitioners contends that respondent no.2, despite having compromised the disputes before Mediation Centre, Dwarka Courts, Delhi, has now backed out and is demanding money. 4. Admittedly, the offences charged against the petitioners are non compoundable in nature. Not only this, earlier the petitioners filed similar petition, registered as CRL.M.C. 3446/2023, but withdrew the same vide order dated 13.12.2024 seeking liberty to file fresh petition for quashing of the FIR on merits. In other words, the petitioners themselves have abandoned the mediation settlement, upon realizing the non compoundability of the offences cha