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High Court of DelhiCRL.M.C./3550/2017

Virender Kumar v. State NCT Of Delhi & ANR

2017-09-04Hon'Ble Mr. Justice A.K. Pathak2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3550/2017 and Crl. M.A. no. 14450/2017 VIRENDER KUMAR ..... Petitioner Through Mr. Prashant Mangla, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through :Ms. Manjeet Arya, APP with ASI Kuldeep Kumar, P.S. Inder Puri for respondent no. 1 Ms.

Shalini Gupta, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.09.2017 It is submitted that petitioner and respondent no.2 have settled their disputes amicably; therefore, FIR No.5/2016 under Sections 279/337 IPC registered at police station Inder Puri on the complaint of respondent no. 2 and the consequent proceedings emanating therefrom, may be quashed. Intially, FIR was registered under Sections 279/337 IPC. However, subsequently, offence under Section 337 IPC was converted to Section 338 IPC and charge-sheet has been filed under this provision. Respondent no. 2

is present in Court along with his counsel and has been identified by ASI Kuldeep Kumar, P.S. Inder Puri.

Respondent no. 2 submits that he has settled the matter with the petitioner, vide Settlement Deed dated 15th July, 2017 (Annexure B), of his own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 further submits that he is not willing to pursue the FIR any further and the same may be quashed. Keeping in view the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in the interest of justice, FIR No.5/2016 under Sections 279/338 IPC registered at police station Inder Puri and the 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.

SEPTEMBER 04, 2017 rb