Om Prakash Sehgal v. State & ANR.

28# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + OM PRAKASH SEHGAL ..... Petitioner Represented by:

Ms. Shikha Sapra and Mr.

Sumit Chander, Advocates with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Ashok Kumar, PS South Campus.

Mr. Dhruv Mohan, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.03.2017 Crl. M.A. No. 5484/2017 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 695/2015 under Section 406 IPC registered at PS South Campus, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the petitioner is the only accused and respondent No.2 the complainant/victim.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner vide Memorandum of Understanding dated 1st March, 2017 which is in addition to the petitioner witnessed by his son Dhruv Sehgal. She states that in lieu of her claims the respondent No.2 was to receive ₹10.75 lakhs out of which she has already received a sum of ₹3.75 lakhs from the petitioner and the balance amount of ₹7 lakhs has been received by her today in her by way of Demand Draft No. 990635 dated 29th March, 2017 drawn on United Bank of India, Chittaranjan Park, Delhi and she has no claim remaining against the petitioner. She also states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto and will abide by the terms of the Memorandum of Understanding dated 1st March, 2017.

Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No. 2 and states that he will abide by the terms of the Memorandum of Understanding dated 1st March, 2017 annexed at pages 41 to 49 of the paper-book.

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. 695/2015 under Section 406 IPC registered at PS South Campus, 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.

MARCH 30, 2017 'vn'