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High Court of DelhiW.P.(CRL)/803/2016

Aditya Mohan Gupta v. The State & ORS

2016-12-16Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 803/2016 ADITYA MOHAN GUPTA ..... Petitioner Through :

Mr. Anil Soni, Adv. with petitioner in person.

versus THE STATE & ORS ..... Respondents Through :

Mr.

Sanjay Lao, ASC and Mr.

Siddarth Sindhu, Adv. for R-1 with SI Yogesh PS Shakar Pur.

Mr. Abhishek Kumar, Adv. for R-2 & 3 with R-3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.12.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed for quashing of FIR No.0020/2015 under Section 420 IPC registered at police station Shakar Pur on the complaint of respondent no.3.

During the course of hearing, learned counsels for petitioner and respondent nos.2 & 3 submit that parties were willing for amicable settlement, accordingly, matter was referred to the Delhi High Court Mediation and Conciliation Centre.

It is submitted that petitioner and private respondents, that is, respondent nos.2 & 3 have settled their disputes before the Delhi High Court

Mediation and Conciliation Centre vide Settlement Agreement dated 21st October, 2016.

Original Settlement Agreement has been received, which has been signed by petitioner, respondent no.2 and respondent no.3 as well as their counsels and learned Mediator. Settlement Agreement is marked as "Mark A". In terms of the Settlement Agreement, petitioner has paid `15 Lakhs to respondent no.3 vide a cheque, a photocopy whereof has been placed on record.

Respondent no.3 is present in Court and has been identified by SI Yogesh PS Shakar Pur. As per clause 13(e) of Settlement Agreement, respondent nos.2 & 3 have agreed for quashing of FIR on receipt of `15 Lakhs.

In view of the settlement arrived at between the private parties, as contained in "Mark A", FIR No.0020/2015 under Section 420 IPC registered at police station Shakar Pur, which is at the investigation stage, is quashed, subject to, however, encashment of cheque handed over by petitioner to respondent no.3.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

DECEMBER 16, 2016/dk