Alok Pandey v. State & ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ALOK PANDEY ..... Petitioner Represented by:

Mr. Pawan Bahl, Adv.

versus STATE & ORS ..... Respondent Represented by:

Ms. Megha Bahl, proxy Adv.

for Mr. Ashish Aggarwal, ASC with SI Balbir Singh DIU/SD.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.12.2017 By the present petition the petitioner seeks quashing of FIR No. 275/2016 under Sections 385 IPC registered at PS R.K. Puram, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and respondent No.2 the only complainant/ victim.

A perusal of the status report reveals that the above-noted FIR was registered after a complaint was registered by Ms. Rajni, an associate of the petitioner being FIR No.801/14 at PS R.K. Puram. Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the Petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties vide the compromise deed dated 18th August, 2017 copy whereof is annexed as Annexure P-1 to the present petition.

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, rather the same would create further acrimony between them, 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. 275/2016 under Sections 385 IPC registered at PS R.K. Puram, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 21, 2017 'ga'