← Library
High Court of DelhiCRL.M.C./4633/2016

Ravi Handa v. State (Govt Of NCT Delhi) & ORS

2017-10-16Hon'Ble Mr. Justice I.S.Mehta2 pages

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4633/2016 & CRL.M.As. 19318-19/2016 RAVI HANDA ..... Petitioner Through:

Mr. Samindra Kumar Tripathi, Adv.

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

Mr. Raghuvinder Varma, APP for State with SI Naveen, PS Najafghar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.10.2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.342/2005, under Sections 420/468/471 IPC, registered at P.S. Najafgarh and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner submits that the petitioners and respondent No.2 were having business dealing with each other and due to some misunderstanding arisen between the parties, respondent No. 2 got registered the aforesaid FIR No. 342/2005 under Sections 420/468/471 IPC. He further submits that after the registration of the FIR, the matter has been amicably settled between the parties and as per the settlement, an amount of Rs.4,50,000/- is handed to Smt. Asha Rani, mother of respondent No. 2. The learned counsel for petitioner has submitted that the said factum is also admitted before the trial court on 05.07.2005. He further submits that nothing further remains to be adjudicated as the matter is amicably settled between the parties and the settled amount has already been paid, and prays

that the FIR in question and all proceedings arising therefrom may be quashed.

Smt. Asha Rani, respondent No. 3 is present in Court today and also admits the factum of matter being settled. Respondent No. 2 - Vishal Sharma is present in the Court and has been identified by the Investigating Officer, SI Naveen. Respondent No. 2 admits the settlement between the parties and receiving of the amount. He further submits that the matter has been amicably settled with the petitioner and the misunderstanding has been sorted out and the said settlement arrived at with the petitioner is voluntary and without any force, pressure or coercion and nothing remains to be adjudicated further between them. He further submits that he has no objection, if the FIR in question is quashed. Looking into the above facts and circumstances of the case since the dispute has been amicably resolved and the misunderstanding has been sorted out and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same.

Consequently, the FIR No.342/2005, under Sections 420/468/471 IPC, registered at P.S. Najafgarh and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J OCTOBER 16, 2017/P