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High Court of DelhiW.P.(CRL)/1948/2016

Mekhla v. The State (Govt Of NCT Of Delhi) & ANR

2016-07-11Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1948/2016 MEKHLA ..... Petitioner Through:

Mr.Peeush Kulshreshtha, Adv.

versus THE STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents Through:

Mr.Rahul Mehra, Standing Counsel (Crl.)for R-1.

SI Anand Pratap, PS Madhu Vihar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed for quashing of FIR No.13/2015 under Sections 420/34 IPC registered at Police Station Madhu Vihar, Delhi in view of the compromise entered into between the petitioner (accused ) and the respondent (complainant).

Issue notice to the respondents.

Learned Standing Counsel for respondent No.1 accepts notice. Respondent No.2/Rishikesh Yadav who has been identified by SI Anand Pratap of PS Madhu VIhar is present in Court and accepts notice.

As per the FIR, the petitioner had sold catering van/chef cart bearing No.DL 11-6873 to the respondent No.2 for Rs.18 lakhs even

though he was not the owner thereof. During the investigation, it has come on record that the catering van/chef cart was owned by Mr.Anuj Bhardwaj and he had given the same to the petitioner for business purpose.

Learned Standing Counsel submits that Mr.Anuj Bhardwaj has made a statement before the Investigating Officer that catering van/chef cart was now with him.

Petitioner and respondent No.2 have settled their disputes amicably on the terms and conditions as stipulated in the Settlement Agreement dated 31.01.2016. It is submitted that settled amount has been received by the complainant.

Respondent No.2 admits that he has entered into settlement with the petitioner and has received the settled amount. Respondent No.2 has no objection if the FIR and the proceedings emanating therefrom are quashed.

Keeping in mind that parties have settled their disputes at the initial stages of investigation, in the interest of justice, FIR No.13/2015 under Sections 420/34 IPC registered at Police Station Madhu Vihar, Delhi and the proceedings emanating therefrom are quashed.

The petition is disposed of.

DASTI.

A.K. PATHAK, J JULY 11, 2016 gm