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High Court of DelhiW.P.(CRL)/142/2018

Krishan Chander Sharma v. The State(NCT Of Dlehi ) & ORS

2018-04-09Hon'Ble Ms. Justice Mukta Gupta2 pages

46# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 142/2018 KRISHAN CHANDER SHARMA ..... Petitioner Represented by:

Mr. Tarun Gahlot, Advocate with petitioner in person.

versus THE STATE (NCT OF DLEHI ) & ORS ..... Respondents Represented by:

Mr. Piyush Singhal, Advocate for Mr. Ashish Aggarwal, Additional Standing Counsel for State with W/ASI Kamlesh, PS Mahindra Park.

Mr. Pankaj Sinha and Mr. D.N.

Chaturvedi, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.04.2018 By the present petition the petitioner seeks quashing of FIR No. 444/2017 under Sections 354/354A/341/506 IPC registered at PS Mahendra Park, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and the respondent No. 2 the complainant/victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that at the time of grant of W.P.(CRL) 142/2018

bail the respondent No. 2 has settled the matter with the petitioner, who is the father of her husband, and out of the agreed amount of ₹45 lakhs received by the petitioner as gratuity, he has agreed to pay a sum of ₹35 lakhs to the complainant and the two minor children for the daily needs. She states that the said amount of ₹35 lakhs has already been handed over to her in the form of FDR. She also states that she has no claim whatsoever, against the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 444/2017 under Sections 354/354A/341/506 IPC registered at PS Mahendra Park, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petition is disposed of. Order dasti. MUKTA GUPTA, J.

APRIL 09, 2018/'vn'

W.P.(CRL) 142/2018