Manoj Kumar Gupta v. State & ANR.

30# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANOJ KUMAR GUPTA & ANR ..... Petitioners Represented by:

Mr. Ashish Middha, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Suman Saharan, Advocate for Mr.R.S. Kundu, Additional Standing Counsel for State with Inspector Subhash Chand, DIU/West.

Mr. Bhupesh Narula and Mr.

Rinku Narula, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.07.2018 By the present petition the petitioners seek quashing of FIR No. 290/2016 under Sections 420/406/506/120B/34 IPC registered at PS Khyala, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners as named in the amended memo of parties are the only accused and the respondent No. 2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. He states that he has settled the matter with the petitioners vide Settlement Agreement dated 13th December, 2016, copy of which is annexed as Annexure-B to the present petition. He further states that in terms of the settlement he has received a total sum of ₹25 lakhs and now he has no claims whatsoever remaining against the petitioners. He also states that he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties vide Settlement Agreement dated 13th December, 2016.

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.

290/2016 under Sections 420/406/ 506/120B/34 IPC registered at PS Khyala, Delhi and proceedings pursuant thereto are hereby quashed subject to the each petitioner depositing a cost of ₹5,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 10, 2018 'vn'