Jasnita Walia v. Govt. Of NCT Of Delhi And ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JASNITA WALIA ..... Petitioner Represented by:

Mr.Manoj Kumar Ohri, Sr.Advocate with Mr.Manish Garg, Ms.Samridhi and Mr.Nawab Singh Jaglan, Advocates versus GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Represented by:

Ms.Iti Pandey, Advocate for Ms.Nandita Rao, ASC for the State and Insp.Manoj Bhatia, PS Mianwali Nagar Mr. D.L. Sahni, Advocate for respondent No.2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.09.2018 1.

By this petition, the petitioner seeks quashing of FIR No.235/2018 under Sections 420/468/471/120-B IPC registered at PS Mianwali Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner has been arrayed as an accused and the respondent No.2 is the only complainant/victim.

3.

Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioner and as per the compromise deed/memorandum of understanding dated 25th July, 2018, copy whereof is annexed as Annexure P-2 to the present petition. In terms of the settlement, the respondent No.2 is to receive a total amount of ₹10 lakhs out of which she has already received ₹5 lakhs and the balance amount for ₹5 lakhs has been received by her today in Court vide Demand Draft No.018931 drawn on J&K Bank. She further states that on receipt of the said amount, she has now no concern whatsoever with property bearing No.2/110, Sunder Vihar, Paschim Vihar, New Delhi and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. She states that she will abide by the terms of settlement arrived at between the parties.

4.

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 settlement arrived at between the parties. 5.

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.

6.

Consequently, FIR No.235/2018 under Sections 420/468/471/120-B IPC registered at PS Mianwali Nagar and proceedings pursuant thereto are hereby quashed.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 27, 2018 mamta