Hemant Kumar v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 998/2018 HEMANT KUMAR ..... Petitioner Through:

Mr. Yogesh K. Chandna, Adv.

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

Mr. Akshai Malik, Addl. PP for the State with SI Vikram Singh

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 26.02.2018 1.

The petitioner seeks quashing of FIR No. 644 of 2013 under Sections 354/509/506 of the IPC Police Station Rajouri Garden, New Delhi, based on a settlement.

2.

Learned counsels for the parties submit that the parties have settled their disputes. Settlement agreement was arrived at before the Delhi Mediation Centre on 28.10.2017.

3.

As per the settlement, the petitioner has already withdrawn the petition filed under Negotiable Instruments Act against respondent no. 2. He undertakes that the suit for recovery filed by petitioner against respondent no. 2, which is listed on 06.03.2018, shall be withdrawn on the said date. The undertaking is accepted.

4.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. Learned counsel for the petitioner submits that CRL.M.C. 998/2018

he is also related to the parties and identifies respondent no. 2. Respondent No. 2 submits that she has settled the dispute with the petitioner and is agreeable to the settlement and does not wish to press criminal charges against the petitioner any further.

5.

In view of the fact that the disputes between the petitioner and respondent no. 2 have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6.

In view of the above, the petition is allowed. FIR No. 644 of 2013 under Sections 354/509/506 of the IPC Police Station Rajouri Garden, New Delhi and the consequent proceedings there from are, accordingly quashed. 7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 26, 2018 'rs'

CRL.M.C. 998/2018