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High Court of DelhiW.P.(CRL)/3450/2016

Neeraj Goswami v. State Of Delhi & ANR

2016-12-01Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3450/2016 & Crl.M.A.18764/2016 NEERAJ GOSWAMI ..... Petitioner Through :

Mr. Praveen Goswami, Adv.

versus STATE OF DELHI & ANR ..... Respondents Through :

Ms. Nandita Rao, ASC with SI Amit Kumar PS Anand Vihar.

Mr. Vijay Chauhan, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.12.2016 Petitioner and respondent no.2 are living in the same area. Present FIR No.243/2012 under Sections 379/323/341/34 IPC was registered at police station Anand Vihar on the complaint of respondent no.2.

Respondent no.2 and petitioner have settled their disputes amicably with the intervention of common friends. Respondent no.2 is present in Court and submits that he is not interested in pursuing the FIR any further in view of the settlement arrived at between him and petitioner. He further submits that he has settled the matter vide Memorandum of Understanding/Compromise Deed dated 5th December, 2012, which has been executed by him of his own free will and without any undue force, coercion and influence. He also

submits that although 3-4 persons accompanied the petitioner but they are not known to him and he does not wish to pursue the FIR against them as well, inasmuch as FIR was lodged due to some misunderstanding. He has no objection if FIR is quashed.

Keeping in mind the facts that respondent no.2 has settled the disputes with petitioner and does not wish to pursue the FIR any further, in the interest of justice, FIR No.243/2012 under Sections 379/323/341/34 IPC registered at police station Anand Vihar, which is at the initial stage, is quashed.

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

A.K. PATHAK, J.

DECEMBER 01, 2016/dk