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High Court of DelhiCRL.M.C./2078/2017

Junaid Khan v. State (Govt Of NCT Of Delhi) & ANR

2018-02-27Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2078/2017 JUNAID KHAN ..... Petitioner Through:

Mr. K.Z. Khan, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with SI Vivek Singh, Special Cell/NDR, Lodhi Colony.

Mr. Siddharth Aggarwal, Mr. Rohit Bharadwaj and Ms. Jhanvi Dubey, Advs. for R-2 along with Mr. Ankit Tyagi, Attorney of R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.02.2018 It is submitted that petitioner and respondent no.2 have settled their disputes amicably, therefore, FIR No. 57/2009 under Section 386 IPC registered at Special Cell on the complaint of respondent no.2, may be quashed. Mr. Ankit Tyagi, Attorney of respondent no.2 is present in Court along with his counsel and has been identified by SI Vivek Singh of Special Cell/NDR, Lodhi Colony.

Mr. Ankit Tyagi submits that he has instructions from the respondent no.2 to convey to this Court that matter has been settled by the respondent no.2 with the petitioner of her own free will and without any undue force, pressure or coercion vide Memorandum of Settlement

dated 14th February, 2018.

Mr. Tyagi has identified the signatures of respondent no.2 at point 'X' on the ocopy of Memorandum of Settlement. Mr. Tyagi further submits that respondent no.2 has no objection in case FIR is quashed.

Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to costs of `20,000/- to be deposited by the petitioner with the Delhi High Court Bar Association Lawyers' Social Security & Welfare Fund, New Delhi within three weeks. Receipt, evidencing deposit of costs, be handed over to the Investigating Officer. Thereafter, passport of the petitioner be released by the trial court.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

FEBRUARY 27, 2018 ga