Arun Kumar v. The State & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARUN KUMAR ..... Petitioner Represented by:

Mr. Ajay Sinha, Advocate with petitioner in person.

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

Mr. Richa Kapoor, ASC for State with SI Shri Gopal, PS Shakarpur.

Mr. Vasudevan V., Authorised representative of respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.02.2018 Crl.M.A. No. 2111/2018 (Exemption) Allowed, subject to all just exception.

Notice.

Learned ASC for the State accepts notice.

Status report has been handed over which is taken on record. Copy of the status report has been handed over to the petitioner. By this petition, the petitioner seeks quashing of FIR No. 554/2017 under Section 406 IPC registered at PS Shakarpur, Delhi on the complaint of respondent No. 2 and the proceedings pursuant thereto on the ground that parties have settled the matter.

ASC for the State on further instructions from the Investigating Officer submits that the petitioner is the sole accused in the above noted FIR. Respondent No. 2 is the sole complainant/victim. Vasudevan V who is the authorised signatory of M/S Run Services Infocare Pvt. Ltd is present in court and is identified by the Investigating Officer. He states that he lodged the above noted FIR as the authorised representative of the Company M/s Run Services Infocare Pvt. Ltd. Pursuant to the registration of FIR settlement has been arrived at between the petitioner and respondent No. 2 vide the settlement deed dated 12th December, 2017, copy whereof is annexed as annexure P-2 to the present petition. Pursuant to the settlement Vasudevan V has handed over a sum of ₹10 lakhs to the petitioner.

He also states that he does not wish to pursue the above noted FIR and the proceeding pursuant thereto. Since Vasudevan V has lodged the FIR as authorised representative of M/S Run Services Infocare Pvt. Ltd and authorisation by the company in favour of Vasudevan V to pursue the matter has been placed on police file, copy whereof has been placed on record, Vasudevan V. states that having settled the matter with the petitioner and made a payment of ₹10 lakhs in full and final settlement with the petitioner, respondent No. 2 does not wish to pursue the above noted FIR against the petitioner. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of Vasudevan V., and undertake to abide by the terms of the settlement.

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. 554/2017 under Section 406 IPC registered at PS Shakarpur, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 05, 2018 'yo'