Rajesh Bajaj & ANR. v. State & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJESH BAJAJ & ANR.

..... Petitioners Represented by:

Mr.Saurabh Prakash and Mr.Utsav Jain, Advocates with Petitioners in person versus STATE & ANR.

..... Respondents Represented by:

Mr.Ranbir Singh Kundu, ASC for the State with Ms.Suman Saharan and Mr.Murli Manohar, Advocates and SI Kamal, PS Okhla Industrial Area Mr.Kunal Gosain, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.10.2018 Crl.M.A.No.33868/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3103/2018 1.

By this petition the petitioners seek quashing of FIR No.175/2017 under Sections 420/406/120B IPC registered at PS Okhla Industrial Area on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that he has settled the matter with the petitioners vide settlement agreement dated 23rd August, 2018, copy whereof is annexed as Annexure-P-3 to the present petition. In terms of the settlement respondent No.2 is to receive a total sum of `51 lakhs from the petitioners out of which he has already received `41 lakhs and the balance amount of `10 lakhs has been received by him today in Court through Demand Draft No.036005 drawn on Kotak Mahindra Bank. He further states that he has now no claim whatsoever remaining against the petitioners. In terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. He undertakes to abide by the terms of the settlement arrived at between the parties. 4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. 5.

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.

6.

Consequently, FIR No.175/2017 under Sections 420/406/120B IPC registered at PS Okhla Industrial Area and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 09, 2018 mamta