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High Court of DelhiCRL.M.C./4778/2018

Shankar v. State & ANR.

2018-09-19Hon'Ble Mr. Justice A.K. Pathak2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4778/2018 & CRL.M.A. 32428/2018 SHANKAR ..... Petitioner Through:

Mr. Jogesh Gupta, Adv.

versus STATE & ANR.

..... Respondents Through:

Ms. Kusum Dhalla, APP with ASI Sharjuddin, P.S. Jagat Puri.

Mr. Jitendra Yadav, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.09.2018 Learned APP submits that Satish and Vijay are also accused in this FIR but they have not been impleaded to this petition. On the oral prayer made by learned counsel for the petitnoer, Satish and Vijay are impleaded as respondent Nos. 3 and 4 respectively.

It is submitted that petitioner and respondent No. 2 have settled their disputes amicably vide Compromise Deed dated 28.07.2018, therefore, FIR No. 420/2012 under Sections 285/336/420/485/34 IPC, registered at P.S. Jagat Puri on the complaint of respondent No. 2 may be quashed. Respondent No. 2 has alleged in the FIR that petitioner along with two boys (respondent Nos. 3 and 4) came to his house for delivering the Gas Cylinder.

On weighing the Gas Cylinder, its weight was found 25.3 Kg instead of 30.3 Kg.

Respondent no. 2 is present in Court along with his counsel and has been identified by ASI Sharjuddin, Police Station Jagat Puri. Respondent no. 2 states that he has settled the matter with the petitioner of his own free will and without any undue force, pressure or coercion. He does not wish to pursue the aforementioned FIR against the petitioner and also against Satish and Vijay (respondent Nos. 3 and 4) who were accompanying the petitioner. In view of the settlement arrived at between the petitioner and respondent No. 2, I am of the view that no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, the aforesaid FIR No. 420/2012 under Sections 285/336/420/485/34 IPC, registered at P.S. Jagat Puri and the consequent proceedings emanating therefrom are quashed against all the accused.

Petition is disposed of in the above terms. Miscellaneous Application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J .

SEPTEMBER 19, 2018 rd