Saurav Mahtha & ANR v. State & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAURAV MAHTHA & ANR ..... Petitioners Through: Mr. Lovya Aswal, Advocate with Mr.

Vishnu Kant Pandey, Advocate alongwith petitioners in person.

Versus

STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Kiran Pal, P.S. Jagat Puri Mr. Dalip Anand, Advocate with respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.01.2020 CRL.M.A. 1888/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 218/2016 under Sections 385/506/34 IPC registered at Police Station Jagat Puri (East), Delhi on the ground of settlement having been arrived at between the petitioners and respondent no. 2. 2.

Mr. Mukesh Kumar, APP for the State, submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondent no.2 is the only complainant/victim.

3.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have entered into a settlement before Family Court (Shahdara), Karkardooma Courts, Delhi on 19.10.2016. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

4.

Petitioners and respondent No. 2 who are present in person, are identified by their counsels and the Investigating Officer. 5.

Respondent No. 2 states that he has entered into the settlement with the petitioners out of his own free will, volition and without any undue force, pressure or coercion and states that he has no objection if the present FIR and the consequent proceedings are quashed. 6.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

7.

The parties shall remain bound by their statements made in Court today.

8.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.10,000/- to be deposited with Delhi High Court Legal Services Committee within a period of one week. Receipts evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer.

9.

With the above directions, the petition is disposed of. 10.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 28, 2020/p'ma