Naveen Gupta v. The State & ANR

33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAVEEN GUPTA ..... Petitioner Represented by:

Mr. Sunil Jangra, Advocate with petitioner in person.

versus THE STATE & ANR ..... Respondents Represented by:

Ms. Jyoti Babbar, Advocate for Mr. Rajesh Mahajan, Additional Standing Counsel for State with SI Manish Yadav, PS Vasant Kunj, North.

Respondent Nos.2/complainant in person.

Respondent Nos. 3 to 7 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.08.2018 By the present petition the petitioner seeks quashing of FIR No. 87/2017 under Sections 419/420/468/467/471/120B/34 IPC registered at PS Vasant Kunj, North, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR besides the petitioner, respondent Nos. 3 to 7 are the other accused and the respondent No. 2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has now settled the matter with the petitioners and respondent Nos. 3 to 7 and has no more claims whatsoever against them. The deed of compromise dated 22nd April, 2017 in this regard has been placed as Annexure -P2 (colly) to the present petition. In terms of the settlement she 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 and respondent Nos. 3 to 7, who are also present in court, are identified by the Investigating Officer. They affirm the statement of respondent No.2 and assure that no such misconduct will take place in future. They also undertake to abide by the terms of the settlement arrived at between the parties and to show remorse they undertake to deposit some costs also.

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. 87/2017 under Sections 419/420/467/468/471/ 120B/34 IPC registered at PS Vasant Kunj, North, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner and respondent Nos. 3 to 7 depositing a cost of ₹5,000/- each with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Copy of the receipt will be

placed on record.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 29, 2018 'vn'