Avtar Singh v. State & ANR

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3185/2017 AVTAR SINGH ..... Petitioner Through:

Mr.Ajay Digpaul and Ms.Madhuri, Advocates with the petitioner in person.

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

Mr.Hirein Sharma, APP for State.

Mr.Ashok Mittal, Advocate with Mr.Ashok Mittal, complainant/AR of R-2 company in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.08.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.287/2002, under Sections 409/120-B IPC, registered at Police Station Connaught Place, New Delhi and all proceedings emanating therefrom. Learned counsel for the petitioner has submitted that the petitioner was the agent of the respondent No.2 company and later on during the course of business transaction a misunderstanding had arisen between them, resulting into registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the FIR, the common business friends intervened and the matter has been amicably settled between the

parties and the same has been reduced into writing vide compromise deed dated 28.07.2017 and the said settlement has been acted upon between the parties voluntarily and without any force, pressure or coercion and nothing remains to be adjudicated further between the parties, however, the present FIR is coming as hurdle in the peaceful personal life of the petitioner and prays that the FIR in question and all proceedings arising therefrom may be quashed.

Mr.Ashok Mittal, who is the complainant and AR of the respondent No.2 company is present in Court today and has been identified by the Investigating Officer SI Dinesh Meena, P.S. Connaught Place, New Delhi and also represented by his counsel Mr.Ashok Mittal, Advocate. The complainant present in person admit the factum of amicable settlement with the petitioner and execution of settlement agreement dated 28th July, 2017. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He submits that nothing remains to be adjudicated further between them and he does not want any further action against the petitioner and has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the same has been acted upon between the parties and nothing remains to be adjudicated further between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.287/2002, under Sections 409/120-B IPC, registered at Police Station Connaught Place, New Delhi and all proceedings emanating therefrom are hereby quashed. Parties to remain bound by the

terms of settlement dated 28.07.2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 30, 2017 'dc'