Debasish Mishra v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2677/2017 DEBASISH MISHRA ..... Petitioner Through:

Ms. Madhumeet Kapoor. Advocate with the petitioner in person.

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

Mr.Panna Lal Sharma, APP for State with SI Shri Gopal P.S. Shakar pur.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.08.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner for quashing of FIR No.2998/2015, under Section 420 IPC, registered at Police Station Shakarpur, Delhi and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner has submitted that factually the petitioner is an innocent person and his account was misused by his funny friends who gave an advertisement on quickr.com resulting into deposition of an amount of Rs.7,000/- by the respondent No.2/complainant in the petitioner's account through online. This led to the misunderstanding between the parties resulting into registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration when actually parties met with each other they apologized to each other and the petitioner returned the deposited amount to the complainant and finally the misunderstanding/dispute was sorted out between the parties and the same has been reduced into writing on 28.06.2017 and nothing further remains to

be adjudicated between the parties. Counsel further submits that since the misunderstanding /dispute has been amicably sorted out/settled between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioner and prays that the FIR in question may be quashed. The respondent No.2/complainant, Ms.Kamakshi Desai is present in Court today and has been identified by SI Shri Gopal, P.S. Shakarpur, Delhi. The respondent No.2/complainant admits the factum of amicable settlement with the petitioner and receiving of the deposited amount through online. She further submits that she has pardoned the petitioner for his silly mistake and further submits that nothing remains to be adjudicated between them and prays that the FIR in question may be quashed.

Looking into the above facts and circumstances, since the misunderstanding/matter in dispute has been amicably sorted out/settled between the parties and the amount deposited by the respondent No.2 through online has been received by her and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently, FIR No.2998/2015, under Section 420 IPC, registered at Police Station Shakarpur, Delhi and all subsequent proceedings arising therefrom are hereby quashed. Parties shall remain bound by the terms of the settlement dated 28.06.2017. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.