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High Court of DelhiCRL.M.C./2102/2016

Abhishek Kumar & ANR. v. The State Of NCT Of Delhi & ANR.

2016-10-03Hon'Ble Ms. Justice Mukta Gupta3 pages

5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ABHISHEK KUMAR & ANR.

..... Petitioners Represented by:

Mr. Rajesh Dua and Mr. Ankit Mathur, Advocates with petitioner in person.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Jaivindera, PS Jyoti Nagar.

Mr. Rakesh Khanagwal and Mr. Dalip Kumar Santoshi, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.10.2016 By the present petition the petitioner seeks quashing of FIR No. 620/2014 under Sections 354/451/419/420/506 IPC registered at PS Jyoti Nagar, Dist. North East, 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 submits that in the above noted FIR, the petitioner is the only accused and respondent No. 2 is the only

complainant/victim and that pursuant to the investigation a charge sheet has been filed before the learned Trial Court.

The 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. She has already received a sum of `3 lakhs out of the amount of `6.25 lakhs due from the petitioner and the balance amount of `3.25 lakhs has been received by her today by way of Demand Draft No.447365 dated 11th August, 2016 drawn on Karnataka Bank Ltd., G.T.Karnal Road, New Delhi and she has no claim whatsoever remaining against the petitioner. In terms of the settlement she does not want to pursue the abovementioned 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 state that he would abide by the terms of the settlement.

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, rather the same would create further acrimony between them, 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.

620/2014 under Sections 354/451/ 419/420/506 IPC registered at PS Jyoti Nagar, Dist. North East, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 03, 2016 'vn'