High Court of DelhiW.P.(CRL)/297/2017

Gursharan Kaur v. The State (NCT Of Delhi) & ANR.

2017-03-08Hon'Ble Mr. Justice A.K. Pathak2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 297/2017 GURSHARAN KAUR ..... Petitioner Through :

Mr. M. R. Singh Sisodia and Mohd.

Akrar Khan, Advs. with petitioner in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through :

Mr.

Sanjay Lao, ASC and Mr.

Siddarth Sindhu, Adv. for R-1 with ASI Ved Prakash PS Malviya Nagar.

Mr. Malay Dwivedi, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.03.2017 Crl. M.A.1559/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 297/2017 It is submitted that petitioner and respondent no.2 have settled their disputes amicably, therefore, FIR No.297/2016 under Sections 406/420 IPC registered at police station Malviya Nagar on the complaint of respondent no.2 may be quashed. It is alleged in the FIR that petitioner was working in Swarn Public School of which respondent no.2 is the Director. Petitioner

had siphoned the fund of `5,86,980/- by fabricating the fee receipts. It is further submitted that suit no.27/2016 was also filed before the learned Additional Sessions Judge against the petitioner for recovery of the said amount, however, subsequently the matter was settled between the parties in pursuant whereof the said suit was withdrawn. Affidavit of respondent no.2 has also been filed along with the petition wherein it has been stated that respondent no.2 (complainant) has no objection in case the FIR is quashed in view of the compromise. Respondent no.2 is present in Court and has been identified by ASI Ved Prakash PS Malviya Nagar. Respondent no.2 affirms the contents of his affidavit.

Keeping in mind that the parties have settled their disputes amicably and that respondent no.2 (complainant) is not willing to pursue the FIR, in the interest of justice, FIR No.297/2016 under Sections 406/420 IPC registered at police station Malviya Nagar, which is at the investigation state, is quashed.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

MARCH 08, 2017/dk