Aman Kumar v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4648/2016 & Crl.M.A.19386/2016 AMAN KUMAR ..... Petitioner Through :

Mr.Maninder Singh with Mr.Karan Mehta, Advocates along with petitioner present in person.

Versus

STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :

Ms.Manjeet Arya, APP.

Ms.Smriti Ashmita, Advocate along with Mr.Ali Hasnain Authorised Representative/Director of complainant/R-2 present in person.

SI Paramjit Singh, PS Connaught Place.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 03.05.2017 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.147/02 registered under Section 420/467/468/471/120-B IPC at Police Station Connaught Place.

It is stated that the matter has been settled with the complainant/respondent No.2 amicably.

(2) Mr.Ali Hasnain, Authorized Representative/Director of Respondent No.2-complainant is present before the Court along with his counsel.

The Investigating Officer present in the court has identified him.

I have enquired from him whether the matter has been settled with the petitioner amicably without fear and pressure. He has informed that the matter has been settled without any fear or pressure and he has no objection to the quashing of the FIR. Pursuant to the settlement, remaining amount of `3,92,000/- has been paid to the complainant today in court by way of demand draft bearing No.961226 dated 25.04.2017 drawn on Kotak Mahindra Bank. (3) Trial Court record has been examined.

Co-accused Om Prakash has since expired. Accused Pawan Kumar has been put in Column No.12.

Record further reveals that no statement of any witness has so far been recorded. There is no sufficient progress in the trial of the case.

(4) The petition is supported by the affidavits of the parties. Memorandum of Understanding/Settlement deed dated 05.12.2016 signed by the parties is on record.

(5) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the long drawn litigation, FIR No.147/02 under Section 420/467/468/471/120-B IPC at Police Station Connaught Place and all the proceedings emanating therefrom are quashed.

(6) The petitioner is, however, burdened with costs of `25,000/- to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (7) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

MAY 03, 2017/sa