Satish Chand Gupta v. State & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2813/2017 SATISH CHAND GUPTA ..... Petitioner Through:

Mr. Avinash Trivedi & Mr. Nishant, Advocates with petitioner in person.

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

Ms. Anita Abraham, APP for State.

Mr. Shiv Charan Garg & Mr. Imran Khan, Advocate for R-2 with respondent No.2.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 10.08.2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.374/2009 for the offence punishable under Section 304-A IPC registered at Police Station-Mehrauli, South District, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondents No.2 (being the son of the deceased Sher Singh) is present in Court today and is identified by the learned counsel. He states that he has settled the matter with the petitioner with his own free will and choice without any threat, pressure and coercion. He further states that he has received the settlement amount of Rs.1,00,000/- (Rupees One Lakh only) through a Demand Draft No.368381 dated 09.08.2017 drawn on CRL.M.C. 2813/2017

Punjab National Bank, Local Shopping Complex, Pitampura, Delhi-110088, from the petitioner. He further states that he has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. A photocopy of demand draft is taken on record.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, 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. Consequently, FIR No.374/2009 for the offence punishable under Section 304-A IPC registered at Police Station-Mehrauli, South District, New Delhi and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 10, 2017 afa CRL.M.C. 2813/2017