Vijay Kumar Sharma v. State & ORS

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3945/2017 VIJAY KUMAR SHARMA ..... Petitioner Through:

Mr. Pranav Jain, Advocate with petitioner in person.

versus STATE & ORS ..... Respondents Through:

Mr. Akshai Malik, APP for State with ASI Manmohan, PS Delhi Cantt.

Respondents No.2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.09.2017 Crl. M.A.No.15912/2017 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 3945/2017 The instant petition has been filed by the petitioner seeking quashing of FIR No.262/2015 for the offences punishable under Sections 279/338 IPC and Section 166 & 140 of M.V. Act registered at Police Station Delhi Cantt., Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondents No.2 and 3 are present in Court today. They have been identified by the Investigating Officer. They state that they have settled the matter with the petitioner with their own free will and choice without any threat, pressure and coercion as per Settlement Agreement dated 14.02.2017. CRL.M.C. 3945/2017

They further submit that they have already received the part settlement amount of Rs.50,000/- (Fifty Thousand only) from the petitioner and today they have received the balance amount of Rs.2,00,000/- (Two lakh only) from the petitioner through DD No.832433 dated 21.09.2017 drawn on Punjab and Sind Bank, Delhi Public School, Sector-30, Noida, District Gautam Budh Nagar. They further state that they have no claim whatsoever remaining against the petitioner and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. A photocopy of the demand draft is taken on record.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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.262/2015 for the offences punishable under Sections 279/338 IPC and Section 166 & 140 of M.V. Act registered at Police Station Delhi Cantt., Delhi and proceedings pursuant thereto are hereby quashed.

The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 26, 2017 afa CRL.M.C. 3945/2017