Mohit Gogia v. State ( NCT) Of Delhi & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHIT GOGIA ..... Petitioner Represented by:

Mr. Sanjay Bhargava, Advocate.

versus STATE ( NCT) OF DELHI & ANR ..... Respondent Represented by:

Ms. Nandita Rao, ASC for Mr.

Rahul Mehra, Standing Counsel with SI Avinash Pratap, PS Chankya Puri.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.08.2018 Crl.M.A. No. 29966/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 113/2016 under Sections 419/420 IPC registered at PS Chankya Puri, Delhi on the complaint of Respondent No.3 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and

the respondent No.3 is the only complainant/ victim. Respondent No. 3 who is present in Court and is identified by the Investigating Officer states that he has settled the matter with the petitioner vide the compromise deed dated 13th August, 2016, copy whereof is annexed as Annexure-B of the paper book. In terms of the settlement the respondent No. 3 has already received a total sum of ₹12 lakhs and he has now no claim whatsoever remaining against the petitioner. In terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. He further undertakes to abide by the terms of settlement arrived at between the parties.

Petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.3 and undertakes to abide by the terms of settlement arrived at between the parties. 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. 113/2016 under Sections 419/420 IPC registered at PS Chankya Puri, 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.

AUGUST 14, 2018 'yo'