High Court of DelhiW.P.(CRL)/770/2019

Shahzad Ahmed v. State & ANR

2019-03-15Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 770/2019 SHAHZAD AHMED ..... Petitioner Through:

Mr. Nitesh Kumar, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. R. S. Kundu, ASC for the State with Bhagat Singh, Advocate.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 15.03.2019 Crl. M. A. No. 5635/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W. P. (Crl.) 770/2019 The present petition has been filed under Article 227 of the Constitution of India seeking quashing of FIR No. 1365/2015 under Section 420 of the Indian Penal Code registered at Police Station - Neb Sarai, New Delhi on the ground that a MoU/settlement has been arrived at between the parties in the matter.

Respondent No.2 is present in Court and is identified by the Investigating Officer, who is also present in Court today. He states that he has settled the matter with the petitioner with his own free will and choice without any threat, pressure and coercion in terms of MoU/Settlement

Agreement dated 24.082018. He further states that he has received the entire settled amount i.e. Rs.3,80,000/- (Rupees Three Lac Eighty Thousand Only) from the petitioner towards full and final settlement and he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner is also present in Court today.

In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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. 1365/2015 under Section 420 of the Indian Penal Code registered at Police Station - Neb Sarai, New Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 15, 2019 gr Petitioner Respondent No. 1