Dinesh Kumar Dinkar & Others v. State & Another

31# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DINESH KUMAR DINKAR & OTHERS ..... Petitioners Represented by:

Mr. Akshay K. Sharma and Ms.Monika Sharma, Advocates with petitioners in person.

versus STATE & ANOTHER ..... Respondents Represented by:

Ms. Nandita Rao, Additional Standing Counsel for State with SI Pravin Kumar, DIU/SED.

Mr. Varun Kumar and Ms. Anita, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 03.10.2018 By the present petition, petitioners seek quashing of FIR No. 160/2009 under Sections 420/34 IPC registered at PS Badarpur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only accused and the respondent No. 2 the complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that she has settled the matter with the petitioners vide Deed of Settlement dated 25th June, 2018, copy whereof is at pages 41 to 42 of the paper book. In terms of the settlement respondent No.2 has received a sum of `23.25 lakhs in full and final settlement of his claims from the petitioners as per the breakup given in the Deed of Settlement. He states that having received the amount, he has now no dispute with regard to the property No. 1837 land measuring No.100 sq. yards situated at Village Tajpur Abadi, now known as Gali NO.E-54, 1st 60 feet Road, Molarband Extn., Badarpur, Delhi and he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.

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 the 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. 160/2009 under Sections 420/34 IPC registered at PS Badarpur, 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.

OCTOBER 03, 2018/'vn'