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High Court of DelhiW.P.(CRL)/1977/2017

Vishal v. State Govt Of NCT Of Delhi & ANR

2018-05-07Hon'Ble Ms. Justice Mukta Gupta2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1977/2017 & Crl.M.A.10975/2017 (stay) VISHAL ... Petitioner Represented by:

Mr.B.K.Jha, Advocate versus STATE GOVT OF NCT OF DELHI & ANR ... Respondents Represented by:

Mr.Rajesh Mahajan, ASC for Ms.Nandita Rao, ASC for the State with SI Mahesh Kumar, PS Mayapuri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.05.2018 By the present petition the petitioners seek quashing of FIR No.36/2017 under Section 408 IPC registered at PS Mayapuri, 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 submits that in the above noted FIR petitioner is the only accused and the respondent No.2 the only complainant. He states that respondent No.2 M/s.S.J.Packaging Pvt. Ltd. has been impleaded through Mr.Jatinder Minhas, who is the Managing Director and had lodged the complaint on behalf of the company.

W.P.(CRL) 1977/2017

Mr.Jatinder Minhas, the complainant and respondent No.2 is present in Court and is identified by the Investigating Officer, states that he has settled the matter with the petitioner vide compromise deed dated 26th April, 2017 and has already received a total sum of ₹3 lakh due towards the petitioner. He states that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. 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.

Consequently, FIR No.36/2017 under Section 408 IPC registered at PS Mayapuri, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition and the application are disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 07, 2018 'rk'

W.P.(CRL) 1977/2017