Dilip Suderkha & ANR v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2862/2017 DILIP SUDERKHA & ANR ..... Petitioners Through:

Mr. Manish Aggarwal, Adv.

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

Mr. M.S. Oberoi, APP for State.

Ms. Priyanka Kathuria and Ms. Runul Rastogi, Advs. along with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.07.2017 It is submitted that petitioners and respondent no.2 have settled their disputes vide Compromise Deed dated 18th July, 2017, therefore, FIR No. 45/1997 under Sections 420/468/471/380 IPC registered at police station Shakarpur on the complaint of respondent no.2 may be quashed. Learned APP for the State submits that third accused, namely, Prashant Kumar S/o Sushil Chand, who is not traceable, has not been impleaded in this petition. Respondent no.2 is present in Court along with his counsel and has been identified by SI A.K. Singh of EOW. Respondent no.2 submits that he has settled the matter with the petitioners of his own free will and without any undue force, pressure or coercion. Petitioners have paid `3 lacs to the respondent no.2 in Court today vide two demand drafts bearing nos. (a)

907694 dated 20/07/17 for `2 lacs drawn on SBI, Service Branch, New Delhi and (b) 007312 dated 21/07/17 drawn on HDFC, Patparganj Industrial Area, New Delhi. Respondent no.2 further submits that he does not wish to pursue the FIR against all the accused persons including Prashant Kumar and the FIR may be quashed in toto.

Keeping in mind that a settlement has been arrived at between the petitioners and respondent no.2 and the fact that entire amount has been paid, in the interest of justice, FIR No.

45/1997 under Sections 420/468/471/380 IPC registered at police station Shakarpur and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

JULY 26, 2017 ga