Sh. Ajay Kumar & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5351/2018 SH. AJAY KUMAR & ORS.

..... Petitioners Through Mr.Sunil Dutt Dixit, Adv.

versus STATE & ANR.

..... Respondents Through Mr.Izhar Ahmad, APP for State.

SI Bachu Singh PS Kotwali.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.11.2018 Crl. M.A. 34583/2018 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

Crl.M.C.5351/2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 Mr.Atul Gupta is present in Court and accepts notice. He has been identified by SI Bachu Singh of police station Kotwali. Respondent no.2 submits that he has settled the matter with petitioners of his own free will and without any undue force, pressure or coercion vide compromise deed-cum-agreement dated 08.10.2018.

Respondent no.2 states that `8,47,000/- has already been released by the

Court. He further states that Rs.3,000/- has been paid by the petitioners. He further submits that he has no objection in case FIR No.310/2016 under section 408 IPC registered at police station Kotwali, is quashed against the petitioners.

The petitioners have offered to deposit Rs.15,000/- each with the Advocates' Welfare Fund Trustee Committee, High Court of Delhi. Receipt dated 20.11.2018 issued by the aforesaid trust has been perused and is taken on record.

Keeping in mind the settlement arrived at between the petitioners 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 is quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J NOVEMBER 20, 2018 ab