Mahipal Sharma & ANR v. State (Govt Of NCT Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2708/2017 MAHIPAL SHARMA & ANR ..... Petitioners Through:

Mr. Anees Ahmad and Mr. Syed Maria, Advs.

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

Ms. Meenakshi Chauhan, APP with SI Rakesh Kumar, P.S. N.A. Nagar.

Mr. K.P. Rajora, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.11.2017 FIR No. 92/2003 under Sections 380/420/467/468/471 IPC was registered at police station New Ashok Nagar, on the complaint of respondent no.2.

Respondent no.2 alleged in the FIR that petitioner no.2 stole cheques from his house and thereafter by forging his signatures and that of his brother had withdrawn about `1.78 lacs. It is submitted that petitioners and respondent nos. 2 and 3 have now settled their disputes amicably vide Compromise Deed dated 1st May, 2017. Petitioners have already paid `1.20 lacs to the respondent no.2. Balance settled amount of `1,38,500/- has been paid today in Court by the petitioners to the respondent no.2 through a demand draft, photocopy whereof has been

placed on record. Respondent nos. 2 and 3 submit that with this payment entire settled amount stands paid and they have no objection in case FIR is quashed.

They further submit that they also have no objection in case the amount of `58,500/- lying deposited in the trial court is released to the petitioner no.2.

Accordingly, in view of the settlement arrived at between the petitioners and private respondents voluntarily, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to costs of `10,000/- to be deposited by each of the petitioners with the Delhi High Court Legal Services Committee within six weeks.

Receipt evidencing deposit of costs be handed over to the Investigating Officer. The amount of `58,500/- lying deposited in the trial court be released to petitioner no.2-Ashok Kumar Gupta together with interest accrued thereon, if any.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 16, 2017 ga