Anuj Gupta @ Rinku & ORS v. The State & ORS
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANUJ GUPTA @ RINKU & ORS ..... Petitioner Represented by:
Mr. Manish Sharma and Mr.
Pushp Saini, Advocate.
versus THE STATE & ORS ..... Respondent Represented by:
Mr. Rajesh Mahajan, ASC with SI SUrendra Kumar, Cyber Cell.
Ms. Manisha Mehta, proxy counsel for Mr. Animesh Gaba, Advocate for R-2 to R-11.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 28.08.2018 By the present petition the petitioners seek quashing of FIR No. 506/2016 under Sections 406/420/34 IPC registered at PS Karol Bagh, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the four petitioners are the only accused and besides the complainant, Anukul Das, there are eight other victims who have all been impleaded as respondents. Statement of Anukul Das, respondent No. 2 and Sachin Soni, respondent
No. 7 was recorded by this Court on 18th April, 2018 where in they have stated that they have settled the matter with the petitioners and do not wish to pursue the above-noted FIR and the proceedings pursuant thereto to. Mohit Jain, respondent No. 3, Surender Verma, respondent No. 4, Parveen Jain, authorised representative of respondent No. 5, authorisation in whose favour is at page 68 of the paper book, Akshay Arora, respondent No. 6, Ashwani Singla, respondent No. 8, Kapil Kumar, respondent No. 9 and Sameer Khurana, respondent No. 10 are present in Court and identified by the learned counsel and the Investigating Officer they state that they have settled the matter with the petitioners and do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto.
They further states that they have now no claim whatsoever remaining against the petitioners. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondents and undertake to abide by the terms of the settlement arrived at between the parties. Petitioners also ensure that no such incident will take place in and to show remorse they undertake to deposit costs also.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, 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. 506/2016 under Sections 406/420/34 IPC
registered at PS Karol Bagh, Delhi and proceedings pursuant thereto are hereby quashed subject to the four petitioners, namely, Anuj Gupta, Pawan Kumar, Parveen Kumar and Mohit Aggarwal depositing a cost of ₹15,000/- each with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Copy of the receipt will be placed on record within two weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of.
Order dasti.
MUKTA GUPTA, J.
AUGUST 28, 2018 'yo'