Gaurav Aggarwal v. The State Govt Of NCT Of Delhi & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 492/2018 GAURAV AGGARWAL ..... Petitioner Through:

Mr. C.L. Gupta, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through:

Mr. M.S. Oberoi, APP with ASI Kiran Pal, P.S. Ashok Vihar.

Mr. Nanak Chand Garg, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.01.2018 By this petition, it is prayed that FIR No. 338/2017 under Sections 287/337 IPC registered at police station Ashok Vihar may be quashed in view of the amicable settlement arrived at between the petitioner and respondent no.2. Respondent no.2 is present in Court along with his counsel and has been identified by ASI Kiran Pal of police station Ashok Vihar. He submits that he has settled the matter with the petitioner of his own free will and without any undue force, pressure or coercion, therefore, he is not willing to pursue the FIR any further and the same may be quashed. Affidavit of respondent no.2 is also on record wherein he has stated that on 30th August, 2017 while he was working on the machine an iron patti broke

down accidently resulting injuries on his stomach. He was treated in the ESI hospital. He has fully recovered from his injury and is fit for duty. FIR was got registered by him by under some misconception of facts. He has no objection in case the FIR is quashed.

Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in the interest of justice, aforesaid FIR, which is at the investigation stage, is quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JANUARY 31, 2018 ga