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High Court of DelhiW.P.(CRL)/535/2017

Kishan Kumar & ANR v. State (NCT Of Delhi) & ORS

2017-02-17Hon'Ble Mr. Justice A.K. Pathak2 pages

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 535/2017 KISHAN KUMAR & ANR ..... Petitioners Through :

Mr. Vinay Kumar Sharma, Adv.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through :

Mr. Avi Singh, ASC and Mr. Ananya Singh, Adv. for R-1 with ASI Tej Ram PS Najafgarh.

Respondent no.2 to 6 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.02.2017 Crl. M.A.2900/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 535/2017 It is submitted that FIR No.480/2016 under Sections 419/420/120B IPC was registered at police station Najafgarh on the complaint of respondent no.2.

The complainant has alleged in the FIR that petitioners had taken money from him and respondent nos. 3 to 6 who are his friends on the assurance that they will facilitate their selection in the government departments. It is submitted that petitioners and respondent nos.2 to 6 have

settled their disputes amicably vide Settlement Deed dated 21st December, 2016 (Annexure B). Respondent nos.2 to 6 are present in Court and have been identified by ASI Tej Ram PS Najafgarh. They submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. They further submit that petitioners have returned the amount, which was taken from them. They also submit that they do not wish to pursue the FIR any further in view of the settlement. Keeping in mind the settlement arrived at between the petitioners and respondent nos.2 to 6, in the interest of justice, FIR No.480/2016 under Sections 419/420/120B IPC registered at police station Najafgarh, which is at the investigation stage, is quashed, subject to however cost of `25,000/- (Rupees Twenty Five Thousand Only) to be deposited by each of the petitioners with Bar Council of Delhi Advocates Welfare Fund within two weeks from today. Receipts be produced before the Investigating Officer immediately thereafter.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

FEBRUARY 17, 2017/dk