Dinesh Chandra Sharma v. State & ORS.

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5330/2018 and Crl. M.A. no. 34497/2018 DINESH CHANDRA SHARMA ..... Petitioner Through Mr. Satwant and Mr. Jaspreet Singh, Advs.

versus STATE & ANR.

..... Respondents Through Mr. Raghuvinder Verma, APP with SI Omveer Singh of police station Nand Nagri Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.01.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Mr. Devineni Rama Mohan Reddy is present in Court and accepts notice. He has been identified by SI Omveer Singh of police station Nand Nagri.

It is submitted that initially FIR no. 528/2017 was registered at police station Nand Nagri under Sections 279/337 IPC on the complaint of respondent no. 2. Since respondent no. 2 had sustained fracture on the left ankle, injury was opined as grievous and Section 337 IPC was converted to

Section 338 IPC.

Respondent no.2 submits that he has settled the matter with petitioner of his own free will and without any undue force, pressure or coercion, vide a Memorandum of Understanding/Settlement Deed dated 5th September, 2018. Petitioner has paid `5,00,000/- to respondent no. 2, in terms of the settlement. Therefore, aforesaid FIR and consequent proceedings emanating therefrom may be quashed.

Affidavit of respondent no. 2 to this effect is also on record at pages 16-17.

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and 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.

JANUARY 18, 2019 r.bararia