Ravi Gupta v. State (Govt Of NCT Of Delhi) & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAVI GUPTA ..... Petitioner Represented by:

Mr.Saurabh Jhamb, Advocate with Petitioner in person versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr.Piyush Singhal, Advocate for Mr.Ashish Aggarwal, ASC for the State and SI Navdeep, PS Kamla Market Mr.Vinod Kumar, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 28.08.2018 1.

By this petition, petitioner seeks quashing of FIR No.194/2018 under Section 308 IPC registered at PS Kamla Market on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter.

2.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the abovenoted FIR, the petitioner is the only accused and respondent No. 2 is the only complainant/victim.

3.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioner vide settlement deed dated 14th August, 2018, copy whereof is annexed at pages 28 to 30 of the present paper book. In terms of the settlement, petitioner has compensated respondent No.2 with a sum of ₹60,000/- for the medical expenses which amount respondent No.2 has received today in Court through Demand Draft No.187503 drawn on Allahabad Bank and thus respondent No.2 does not wish to pursue the abovneoted FIR and the proceedings pursuant thereto. 4.

The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. Petitioner also assures that no such misbehaviour will take place in future and to show remorse undertakes to deposit cost.

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.194/2018 under Section 308 IPC registered at PS Kamla Market and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a cost of ₹50,000/- with the Chief Minister's Distress Relief Fund, Kerala. Copy of the receipt will be placed on record within four weeks.

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.

AUGUST 28, 2018 mamta