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High Court of DelhiW.P.(CRL)/1116/2018

Arjun Maheshwari v. State ( NCT Of Govt Of Delhi)& ANR

2018-10-09Hon'Ble Ms. Justice Mukta Gupta3 pages

20# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARJUN MAHESHWARI ..... Petitioner Represented by:

Mr. Mohd. Azharuddin, Advocate with petitioner in person.

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

Mr. Avi Singh, Additional Standing Counsel for State with ASI Vinod Kumar, PS Tilak Nagar.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.10.2018 By the present petition the petitioner seeks quashing of FIR No. 1152/2015 under Sections 452/308 IPC registered at PS Tilak 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused, the respondent No. 2 the complainant/victim and the respondent No.3 the other victim. He states that no other person in involved in the above noted FIR.

Respondent No. 2 and 3 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioner vide Memorandum of Understanding dated 16th August, 2018, copy whereof is annexed at pages 46 to 50 of the paper-book. In terms of the settlement they do not wish to pursue the above noted FIR and the proceedings pursuant thereto and they will abide by the terms of settlement arrived at between the parties.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent Nos.2 and 3 and undertakes to abide by the terms of the settlement arrived at between the parties. He also apologises to the respondent Nos. 2 and 3 and assures that no such incident will take place in future. To show remorse the petitioner undertakes to deposit some costs also.

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. 1152/2015 under Sections 452/308 IPC registered at PS Tilak Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹20,000/- with the Chief Minister's Distress Relief Fund, Kerala within three weeks. Receipt thereof will be placed on record.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 09, 2018 'vn'