Jitender Kumar Gupta v. State & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1747/2019 & CRL.M.A.7015-16/2019 JITENDER KUMAR GUPTA ..... Petitioner Through:

Mr. Rahat Bansal, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Vikash, PS Bindapur, Delhi Mr. Vijay Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.324/2016 under Sections 323/341 of the Indian Penal Code, 1860 (IPC), registered at Police Station Bindapur, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 31.8.2016 in terms whereof the parties agreed to settle their disputes including the quashing of the aforesaid FIR and the proceedings emanating therefrom.

3.

Learned counsel for the parties submitted that the petitioner has already paid a sum of Rs.4 lacs to the respondent No.2 in terms of the settlement arrived at between the parties in Crl.M.C. 1763/2019, FIR

No.1183/2014 under Sections 498-A/406 of the IPC, registered at Police Station Uttam Nagar, Delhi, hence, in view of the Settlement Agreement dated 31.8.2016, the present petition may be allowed and the FIR may be quashed.

4.

Respondent No.2 has also reiterated the aforesaid facts and submitted that the petition may be allowed and the FIR may be quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. The parties are directed to remain bound by the terms and conditions of the settlement. Accordingly, in the interest of justice, FIR No. 324/2016 under Sections 323/341 of the IPC, registered at Police Station Bindapur, Delhi and all the consequential proceedings arising out of the FIR are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 03, 2019/rk