Vipin Jaitly & ANR v. The State & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1489/2017 VIPIN JAITLY & ANR ..... Petitioner Represented by:

Mr. Vishal Raj Sehijpal, proxy Adv. with petitioners in person.

versus THE STATE & ORS ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP for Ms. Richa Kapoor, ASC with SI Ved Prakash PS Shahbad Dairy.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.01.2018 By the present petition the petitioners seek quashing of FIR No. 299/2016 under Sections 420/468/471/34 IPC registered at PS Shahbad Dairy, 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 Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioner before the Delhi Mediation Centre, Rohini District Courts on 21st W.P.(CRL) 1489/2017

January, 2017 copy whereof is annexed as Annexure P2 to the present petition. He states he has already received a sum of ₹7 lakhs and he has now no claim whatsoever left against the petitioner. He further states that he will abide by the terms of settlement and does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioners who are present in Court are also identified by the investigating officer affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties on 21st January, 2017.

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. 299/2016 under Sections 420/468/471/34 IPC registered at PS Shahbad Dairy, 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.

JANUARY 25, 2018 'ga'

W.P.(CRL) 1489/2017