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High Court of DelhiW.P.(CRL)/1765/2018

Rahul Mehandiratta & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

2018-07-20Hon'Ble Ms. Justice Mukta Gupta3 pages

9# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAHUL MEHANDIRATTA & ORS ..... Petitioners Represented by:

Mr. Jitin Sahni, Advocate for Mr. Ankit Mehra, Advocate with petitioners in person.

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

Mr. Avi Singh, Additional Standing Counsel for State for Mr. R.S. Kundu, Additional Standing Counsel.

Mr. Vivek Agarwal, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.07.2018 By the present petition the petitioners seek quashing of FIR No. 84/2018 under Sections 419/420/467/468/471/120B IPC registered at PS Keshav Puram, 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 four petitioners are the only accused and the respondent No. 2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel. He states that parties have settled their disputes including the civil suit, which was filed by respondent No.2 and withdrawn subsequently as possession of the property has been handed over to him by the petitioners. Since the parties have entered into a comprehensive settlement as per the Settlement Deed dated 5th May, 2018 before the Delhi Mediation Centre, Rohini Court, copy whereof is annexed as Annexure-P-2 to the present petition, he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertakes to abide by the terms of the settlement arrived at between the parties. To show remorse the petitioners undertake to deposit some cost 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. 84/2018 under Sections 419/420/467/ 468/471/120B IPC registered at PS Keshav Puram, Delhi and proceedings pursuant thereto are hereby quashed subject to the each of the petitioners depositing a cost of ₹5,000/- with the Bar Council of Delhi Advocates' Welfare Fund within four weeks.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JULY 20, 2018 'yo'