Radha Agarwal & ANR v. State ( NCT Of Delhi) & ANR
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2411/2018 RADHA AGARWAL & ANR ..... Petitioners Represented by:
Mr.Akhand Pratap Singh, Ms.Aditi Mittal, Mr.Arjun Raghuvanshi and Mr.Bahul Kalra, Advocates versus STATE ( NCT OF DELHI) & ANR ..... Respondents Represented by:
Mr.Ashish Aggarwal, ASC for the State with Mr.Piyush Singhal, Advocate and SI Manish Yadav, PS Vasant Kunj North Mr.Nikhil Gautam, Advocate for R-2
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 09.10.2018 1.
By this petition the petitioners seek quashing of FIR No.563/2017 under Sections 420/506 IPC registered at PS Vasant Kunj (North) on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.
Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only 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 he has settled the matter with the petitioners vide deed of settlement dated 23rd May, 2018 which was further revised, copy whereof is annexed as Annexure-P-3 to the present petition. In terms of the settlement respondent No.2 is to receive a total sum W.P.(CRL) 2411/2018
of `7 lakhs however this settlement was further revised and it was decided between the parties that the respondent No.2 will be entitled to receive a sum of `7.5 lakhs from the petitioners out of which he has already received `5 lakhs and the balance amount of `2.5 lakhs has been received by him today in Court through Demand Draft No.079288 drawn on Canara Bank. He further states that he has now no claim whatsoever remaining against the petitioners. In terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. He undertakes to abide by the terms of the settlement arrived at between the parties. 4.
Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake 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.563/2017 under Sections 420/506 IPC registered at PS Vasant Kunj (North) 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.
OCTOBER 09, 2018/mamta W.P.(CRL) 2411/2018