Rohan Kar & ANR v. State Of NCT & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2439/2018 ROHAN KAR & ANR ..... Petitioners Through:

Mr. Chayan Sarkar, Mr. Bipul Kedia and Mr.

Anupam Prakash, Advs.

along with petitioner in person.

versus STATE OF NCT & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with SI Satender Kumar, P.S. K.N. Katju Marg.

Mr. Rambir Singh, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.05.2018 Respondent no.2-Aarti Khanda is present in Court along with her counsel.

She has been identified by SI Satender Kumar of police station K.N. Katju Marg. Respondent no.2 submits that she has settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion before the Mediation Centre vide Settlement Agreement dated 19th April, 2018, Annexure P-3. Petitioner no.1 has paid `3 lacs to the respondent no. 2 today in Court vide demand draft, in terms of Clause 9 (b) (ii) of Annexure P-3. Clause 9(b)(ii) reads as under :- "ii) The amount of `3,00,00/- (Rupees Three Lakhs Only) by way of demand draft shall be paid by Mr. Rohan Kar to Ms.

Aarti Khanda at the time of quashing of two FIRs bearing nos. FIR No. 348/2017 dated 22.11.2017 registered with police station Sagarpur, Delhi and FIR No. 257/2017 registered with P.S. K.N. Katzu Marg, Delhi by filing a petition under Section 482 Cr.P.C. for quashing of the said FIRs respectively before the Hon'ble High Court of Delhi on or before 07.05.2018." Respondent no.2 submits that she has no objection in case FIR No. 257/2017 under Sections 354/506/509/34 IPC registered at police station K.N. Katju Marg is quashed against the petitioners in view of the settlement arrived at between her and petitioner no.1 before the Mediation Centre. Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, I am of the view that no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MAY 08, 2018 ga