Kartar Singh Kalsi v. The State (Govt Of NCT Delhi) And ANR

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KARTAR SINGH KALSI ..... Petitioner Represented by:

Mr. R.S. Sirohi, Adv.

versus THE STATE (GOVT OF NCT DELHI) AND ANR ..... Respondent Represented by:

Mr. Sanjay Lao, ASC with SI Manoj PS Rajouri Garden.

Mr. Anshul Pratap Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.02.2019 Crl.M.A. 3652/2019 Exemption allowed subject to just exceptions. By the present petition the petitioner seeks quashing of FIR No. 345/2017 under Section 420 IPC registered at PS Rajouri Garden, 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 respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioner vide the compromise deed dated 15th January, 2019 a copy whereof is annexed as Annexure P-2 to the present petition. In terms of the settlement respondent No.2 is to receive a total sum of ₹1 lakh out of which he has received ₹80,000/- and the balance amount of ₹20,000/- has been received by him today in cash. He states that now he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and he will abide by the terms of settlement arrived at between the parties. Petitioner who are present in Court and is identified by the learned counsel affirm the statement of respondent No.

2 and undertake to abide by the terms of 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, rather the same would create further acrimony between them, 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. 345/2017 under Section 420 IPC registered at PS Rajouri Garden, 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.

FEBRUARY 18, 2019 'ga'