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

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2853/2018 VINOD SHARMA ..... Petitioner Represented by:

Mr.B.S.Bagga, Advocate versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Represented by:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for the State with SI Sunil Kumar, PS Darya Ganj

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.09.2018 Crl.M.A.No.32568/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.2853/2018 1.

By this petition, the petitioner seeks quashing of FIR No.33/2018 under Sections 406/420 IPC registered at PS Darya Ganj on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned proxy counsel for learned Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/victim. W.P.(CRL) 2853/2018

3.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that he has settled the matter with the petitioner vide the compromise deed dated 11th September, 2018 copy whereof is annexed as Annexure P-3 to the present petition. In terms of the settlement, the respondent No.2 has already received demand draft of ₹50,000/- and he has now no claim whatsoever remaining against the petitioner. He states that in terms of the settlement, he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. 4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. 5.

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.

6.

Consequently, FIR No.33/2018 under Sections 406/420 IPC registered at PS Darya Ganj and proceedings pursuant thereto are hereby quashed qua all petitioners.

7.

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

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 20, 2018/mamta W.P.(CRL) 2853/2018