High Court of DelhiW.P.(CRL)/765/2019

Arpeet Gupta & ANR v. State Of NCT Of Delhi & ANR

2019-03-26Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 765/2019 ARPREET GUPTA & ANR.

..... Petitioners Through:

Mr. Aman Sareen, Mr. Ravi Mehta, Mr. Harmeet Singh and Ms. Nidhi Raj Bindra, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

SI Naveen Kumar, PS-Vasant Kunj (North) Mr. Nipun Kumar and Mr. Raj Vardhan, Advocates for respondent No. 2.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.03.2019 The instant petition has been filed by the petitioners under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure seeking quashing of FIR No. 246/2018 under Sections 420/406 of the Indian Penal Code registered at Police Station Vasant Kunj North, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondent No.2 is present in Court today and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners with his own free will and choice without any threat,

pressure and coercion in terms of the Memorandum of Settlement dated 30.11.2018. He further states that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners are also present in Court today. Both parties submit that they shall abide by the terms and conditions recorded in the Memorandum of Settlement dated 30.11.2018.

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. 246/2018 under Sections 420/406 of the Indian Penal Code registered at Police Station Vasant Kunj North, Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J MARCH 26, 2019 / gr Petitioner No. 1 Respondent No. 2 Petitioner No. 2