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High Court of DelhiW.P.(CRL)/2515/2024

Sachin Goel v. The State (Govt. Of NCT Of Delhi) & ANR.

2024-08-21Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SACHIN GOEL .....Petitioner Through:

Ms. Shefali Gandhi, (D-3365/2020), Mr. Gurvinder Singh, (D-4913/2021), Advocates with Petitioner-in-person versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State.

Mr. Bhishm Singh (D/103/2014), Mr.

Ayush Garg (D/5494/2021) Advocates for Respondent No. 2 with Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 21.08.2024 1.

The Petitioner has approached this Court for quashing FIR No.221/2024 dated 25.06.2024 registered at Police Station Ashok Vihar for offences under Sections 287 & 338 IPC on the ground of amicable settlement arrived at between the parties.

2.

Material on record discloses that while working at the factory of Petitioner, Respondent No.2 injured his fingers in the accident. The present FIR was, therefore, registered against the Petitioner herein. It is stated that the matter has been settled between the parties vide Settlement Agreement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 02.08.2024 by which the Petitioner has agreed to pay Rs.45,000/- to the Respondent No.2.

3.

The Petitioner and Respondent No.2 are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2 states that he has settled all the disputes with the Petitioner out of his own free will, without pressure, coercion or undue influence.

4.

The parties have settled the matter and the Petitioner has agreed to pay a sum of Rs.45,000/- to Respondent No.2 as per the settlement. However, this Court is inclined to increase the amount of settlement from Rs.45,000/- to Rs.70,000/-.

5.

When this Court directed the Petitioner to pay a sum of Rs.70,000/- to Respondent No.2, the Petitioner, who is present in Court agreed to the same and submits that he is ready to pay the said amount to Respondent No.2 in Court today itself. The Petitioner has paid a sum of Rs. 70,000/- in cash to Respondent No.2 in Court today, as it is within the permissible limit under the Income Tax Act.

6.

In view of the settlement arrived at between the parties and in view of the fact that the entire amount has been paid to Respondent No.2, this Court is of the opinion that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.221/2024 dated 25.06.2024 registered at Police Station Ashok Vihar for offences under Sections 287 & 338 IPC and the proceedings emanating therefrom are hereby quashed. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties shall remain bound by the settlement and the undertaking given to the Court.

7.

With these observations, the petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 21, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.