Pankaj v. The State & ORS

12# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PANKAJ ..... Petitioner Represented by:

Mr.Sunil K. Choudhary and Mr. Rahul Choudhary, Advocates with petitioner in person.

versus THE STATE & ORS ..... Respondents Represented by:

Mr. Rajesh Mahajan, Additional Standing Counsel for State and Ms. Jyoti Babbar, Advocates with SI Ramesh and HC Virender, PS Mundka.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.07.2018 Crl. M.A. No.10866/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 205/2018 under Sections 279/323/341/506 IPC registered at PS Mundka, 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 and the respondent No. 2 the complainant/victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioner as they both belong to the same extended family and are living nearby and as the petitioner has apologised and assured that he will not misbehave in future. In terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the settlement. Petitioner also undertakes that no misbehaviour of the kind noted in the FIR will take place in future and 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. 205/2018 under Sections 279/323/341/506 IPC registered at PS Mundka, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹25,000/- with the Delhi High Court Staff 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 06, 2018/'vn'