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High Court of DelhiCRL.M.C./4057/2016

Rakesh Arora v. NCT Of Delhi & ANR

2016-10-27Hon'Ble Ms. Justice Mukta Gupta2 pages

42# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4057/2016 RAKESH ARORA ..... Petitioner Represented by:

Ms. Nanita Sharma, Advocate with petitioner in person.

versus NCT OF DELHI & ANR ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with ASI Meena Arora, PS Greater Kailash.

Mr. Narender Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.10.2016 By the present petition the petitioner seeks quashing of FIR No. 233/2016 under Sections 406/354/354A IPC registered at PS Greater Kailash, 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 submits that in the above noted FIR the petitioner is the only accused and respondent No.2 is the only complainant/victim in the above noted FIR.

The complainant/Respondent No. 2 Ms. Urvashi Arora who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner, who has CRL.M.C. 4057/2016

apologised her and shown remorse. Further the petitioner has returned to her the dental equipments which he had misappropriated and has paid adequate compensation of the misappropriation. She states that since the parties have settled the matter as per the Memorandum of Settlement dated 4th October, 2016 and she has received the entire compensation as agreed, she does not want 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 and states that he will abide by the terms of the Memorandum of Settlement dated 4th October, 2016. The petitioner has further tendered his unqualified apology and assured that no misbehaviour will take place in future. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion, no useful purpose will be served in continuance of the trial in the above noted FIR and there is no legal impediment in quashing the FIR in question. Consequently, FIR No. 233/2016 under Sections 406/354/354A IPC registered at PS Greater Kailash, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 27, 2016/'vn'

CRL.M.C. 4057/2016