Ankit Sharma v. State (Govt Of NCT Of Delhi) & ANR

55#$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANKIT SHARMA ..... Petitioner Represented by:

Mr. Ravin Rao and Mr.

Ashwani Sharma, Advocates with petitioners in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Kishore Kumar, PS Patel Nagar.

Mr. Shashank Sharma, Advocate for respondent No.2 with respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.02.2017 Crl. M.A. No. 3041/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 885/2015 under Sections 279/338 IPC registered at PS Patel Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the petitioner is the only accused

and the respondent No. 2 the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Mr. Vishal Sapra, who is present in Court and is identified by the learned counsel states that he has settled the matter with the petitioner and as compensation for the injury caused, he has already received a sum of ₹2.95 lakhs pursuant to directions of learned MACT, as given by the insurance company. He further states that for the injuries caused to him, the petitioner has handed over to him a Cheque bearing No.001037 dated 20th February, 2017 drawn on ICIC Bank, Connaught Place, New Delhi for a sum of ₹65,000/- on the assurance that the same would be honoured on presentation, which he has accepted. He states that in view of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of the settlement arrived at between the parties. 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. 885/2015 under Sections 279/338 IPC registered at PS Patel Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 20, 2017 'vn'