Vikas Madan & ANR v. The State Govt Of NCT Of Delhi & ANR
69# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKAS MADAN & ANR ..... Petitioners Represented by:
Mr. Jatan Singh and Mr. Manoj Kumar, Advocates with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Represented by:
Mr. R.S. Kundu, Additional Standing Counsel for State with SI Amar Singh, PS Saket.
Respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 19.01.2018 By the present petition the petitioners seek quashing of FIR No. 1476/2015 under Sections 420 IPC registered at PS Saket, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No.2 the only complainant/victim.
Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation and Conciliation Centre on 23rd
March, 2016. The petitioners have paid her a total sum of ₹32.50 lakhs as agreed by the terms of settlement arrived at between the parties, copy whereof is annexed as Annexure-P2 to the present petition. She further states that since there was delay in making the payment the petitioners have also handed over two demand drafts bearing Nos. 456145 and 456146 dated 18th and 19th January, 2018 drawn on Punjab National Bank, Anand Vihar, Delhi for a sum of ₹1 lakh and ₹15,000/- respectively to respondent No.2. Now the respondent No.2 has no claims whatsoever remaining against the petitioners. In discharge of her liability under the agreement the respondent No.2 has handed over the original documents in relation to three BHK flat booked by her bearing No. 304, 3rd Floor, Tower No. Daisy-II, admeasuring approximately super area of 1550 sq. ft.
at Meadows Kullu with Pacific Construction and Management having its office at D-64, Vikas Marg, Shakarpur. She states that now she claims no flat or any property from the petitioners. In terms of the settlement she does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and they will abide by the terms of the settlement.
The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. 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. 1476/2015 under Sections 420 IPC registered at PS Saket, 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 19, 2018 'vn'