Pradeep Mittal & ANR. v. State (Govt. Of NCT Of Delhi ) & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRADEEP MITTAL & ANR.

..... Petitioner Represented by:

Mr. Sumit Chaoudhary, Ms.

Aakanksha Bansal and Mr.

Kanwar Kochar, Advocates.

versus STATE (GOVT. OF NCT OF DELHI ) & ANR.

..... Respondent Represented by:

Mr. R.S. Kundu, ASC with Mr.

Bhagat Singh, Advocate with SI Virender Kumar, PS KNK Marg.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.09.2018 By the present petition the petitioners seek quashing of FIR No. 415/2016 under Sections 420/406/120B IPC registered at PS K.N. Katju Marg, 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 submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the only complainant/ victim. He further states that one more FIR was registered against the petitioners being FIR No. 410/2016 under Sections 420/406/120B IPC registered at PS K.N. Katju Marg which has already been quashed on the basis of settlement.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that he has settled the matter with the petitioners vide the compromise deed dated 18th May, 2016. In terms of the settlement he has now no dispute with regard to property bearing No. 85, Block G, Pocket 4, Sector -16, Rohini admeasuring 25.9 sq. meters. He states that he has received back his earnest money and he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. He further undertakes to abide by the terms of settlement arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of 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, rather the same would create further acrimony between them, 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. 415/2016 under Sections 420/406/120B IPC registered at PS K.N. Katju Marg, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 17, 2018 'yo'