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High Court of DelhiW.P.(CRL)/3119/2019

Mohit Kumar Singhal v. State & ANR.

2019-11-06Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3119/2019 MOHIT KUMAR SINGHAL ..... Petitioner Through Mr Jagdish Saini Manish and Ms Nidhi Gupta, Advocates for petitioner no.1.

versus STATE & ANR.

..... Respondents Through Mr R.S. Kundu, ASC for State with Mr Shivom Saharan, Advocate.

SI Shashi Kumar, P.S. Shalimar Bagh.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.11.2019 CRL.M.A. 39780/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 3119/2019 3.

The petitioner has filed the present petition, inter alia, praying that FIR No. 297/2018 under Sections 406/448/34 of the IPC registered with P.S. Shalimar Bagh and all proceedings emanating therefrom, be quashed. 4.

The present petition is premised on a settlement arrived at between the petitioner and respondent no.2, at whose instance the said FIR was registered.

5.

Respondent no.2 had also filed a civil suit bearing CS-DJ-577511 captioned 'Sunil Kumar v. Mohit Kumar Singhal'. It is stated by the petitioner and respondent no.2 that they have settled all their disputes and

differences in terms of a Memorandum of Understanding dated 14.09.2019. A copy of the said MOU is placed on record. In view of the said MOU, respondent no.2 has also withdrawn the aforementioned civil suit and his statement was recorded on 25.10.2019.

6.

Respondent no.2 is present in Court and is identified by the investigating officer. He confirms that he has resolved all disputes and differences with the petitioner and has no further grievances against the petitioner. He does not wish to pursue the FIR in question. The petitioner is present in Court and is identified by his counsel. He also states that he has no grievance against respondent no. 2. Both the said parties request that the FIR in question be quashed.

7.

In view of the statements made by the petitioner and respondent no. 2, this Court considers it apposite to allow the present petition. 8.

Accordingly, FIR No. 297/2018 under Sections 406/448/34 of the IPC registered with P.S. Shalimar Bagh and all proceedings emanating therefrom, are quashed.

9.

The concerned parties (petitioner and respondent no. 2) shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J NOVEMBER 06, 2019/pkv (Mohit Kumar Singhal) (Sunil Kumar) Petitioner Respondent No. 2