Hemant Kumar Yadav v. State & ANR.

30# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + HEMANT KUMAR YADAV ..... Petitioner Represented by:

Mr. Rohit Kr. Yadav, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Mangal Ram and HC Satender, PS Rajouri Garden.

Mr. H.P. Rao, Advocate for the respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 22.09.2016 Crl. M.A. No. 14799/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 1380/2014 under Sections 279 IPC registered at PS Rajouri Garden, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating Officers submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant and no individual

was injured in the above noted FIR.

The complainant/Respondent No. 2 Mr. K.S. Rama Rao who is present in Court and is identified by the learned counsel and the Investigating Officer states that he has settled the matter with the petitioner since the petitioner has duly compensated him by paying a sum of `25,000/- for the damage of the car. Out of the amount of `25,000/- he has already received a sum of `12,500/- and the balance amount of `12,500/- has been received by him today in Court by way of Demand Draft No. 525904 dated 3rd July, 2016 drawn on Punjab National Bank, Gurgaon, Haryana. He also states that in view of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the counsel affirms the statement made by respondent No.2 and states that he will abide by the terms of settlement.

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, rather the same would create further acrimony between them, 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. 1380/2014 under Sections 279 IPC registered at PS Rajouri Garden, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 22, 2016 'vn'