Anil Kumar Sharma v. State (NCT Of Delhi) & ORS

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1577/2017 ANIL KUMAR SHARMA ..... Petitioner Through:

Mr.Piyush Prabhakar, Advocate with the petitioner in person.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State with SI Pratap Singh, P.S. Punjabi Bagh, Delhi.

Mr.Sanjeev Goyal, Advocate with Mr.Alok Kumar Jain, AR of R-2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.04.2017 Crl.M.A.No.6408/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1577/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.83/2013, under Sections 408/403/381/411 IPC, registered at Police Station Punjabi Bagh, Delhi and all proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner was the employee of the respondent No.2-company. Counsel further submits that

during the employment of the petitioner with the respondent No.2-company, a misunderstanding had arisen between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the petitioner along with his near relatives and friends approached the respondent No.2 company for clarifying his position and after making his position clear before the respondent No.2, the misunderstanding was sorted out and the dispute has been amicably resolved between the parties and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 30.08.2016 and the same has been acted upon between the parties. Counsel further submits that since the matter has been amicably settled between the parties and nothing further remains to be adjudicated between the parties, however, the FIR in question is coming as hurdle in the way of the present petitioner. He accordingly prays that the FIR in question and all proceedings arising therefrom may be quashed.

Mr.Alok Kumar Jain, Authorized Representative of the Respondent No.2-company is present in Court and is also represented by counsel Mr.Sanjeev Goyal, Advocate. Mr.Alok Kumar Jain has also filed the authorization letter issued in his favour by the respondent No.2- company. Learned counsel for the respondent No.2 on instructions from the authorized representative of the respondent No.2 company admits the factum of amicable settlement with the petitioner and further submits that the said settlement has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 30.08.2016 and the same has been acted upon between the parties and nothing further remains to be adjudicated and that he has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the misunderstanding which led to the registration of the FIR has been resolved/sorted out and the same has been reduced into writing before the Mediation Centre, Rohini Courts, Delhi on 30.08.2016 and nothing remains to be adjudicated further, to have peace and better relation between the parties in present and future, I deem it appropriate to quash the FIR and all its subsequent proceedings.

Consequently, FIR No.83/2013, under Sections 408/403/381/411 IPC, registered at Police Station Punjabi Bagh, Delhi and all proceedings emanating therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J APRIL 20, 2017 'dc'