Satyajeet @ Satyajeet Singh v. NCT Of Delhi & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3375/2018 SATYAJEET @ SATYAJEET SINGH ..... Petitioner Through Mr.Varun Lal with Mr.Rahul Singh, Advs.

versus NCT OF DELHI & ANR ..... Respondent Through Mr.Mukesh Kumar, APP with ASI Lavkesh Kumar, PS Chanakya Puri.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 20.11.2018 1.

Vide the present petition u/s 482 CrPC, the petitioner seeks quashing of FIR No.52/2017 u/s 420 IPC registered at PS Chankya Puri on the basis of settlements dated 15.05.2018 & 05.07.2018 arrived at between the parties.

2.

Learned counsel for the petitioner submits that the petitioner had undoubtedly taken an amount as advance from the respondent no.2 to help his daughter to secure admission in a reputed Medical College. He, however, submits that the said amount was taken only because of a middleman, who had assured the petitioner that, if the said amount is paid to him, the daughter of the respondent no.2 will get admission in the said medical college.

3.

He further submits that the petitioner did not have any

dishonest intention and he had tried to help the respondent no.2 only on humanitarian grounds. He further submits that since the admission of the daughter of the respondent no.2 is daughter could not materialise, a complaint was made by the respondent no.2 leading to filing of the aforesaid FIR.

4.

Learned counsel for the petitioner submits that the parties have now with the intervention of the common friends resolved their disputes and have entered into a settlement. The petitioner has accordingly paid the entire agreed amount of Rs.9.75 lakhs to respondent no.2. He further submits that the petitioner is willing to bear costs as may be directed by this Court and prays that the FIR and all proceedings emanating therefrom be quashed. 5.

The petitioner as also respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2, who states that he has entered into the settlement out of his own free will and without any coercion. He further submits that he has received the entire agreed amount and does not want to the aforesaid criminal proceedings to continue any further as he does not want any further acrimony with the petitioners and the continuation thereof will cause hardship to him also. 6.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the parties have resolved their disputes amicably pursuant whereto, the respondent no.2 has received the entire agreed amount and the allegations basically relate to a private transaction between the parties, no useful purpose will be served in continuing the criminal

proceedings. In my view, the ends of justice demand that the FIR and consequential proceedings be quashed.

7.

Accordingly, the petition is allowed and the captioned FIR and consequential proceedings emanating thereform are quashed, subject to the petitioner paying further a sum of Rs.1 lakh to the respondent no.2 within three days. The receipt of deposits of costs will be handed over to the Investigating Officer for production before the Trial Court.

8.

The petition alongwith the pending application is disposed of in the above terms.

REKHA PALLI, J NOVEMBER 20, 2018 sr