Anit Kumar v. State ( Govt Of NCT Of Delhi) & ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIT KUMAR ... Petitioner Represented by:

Mr.Sanjeev Kumar, Advocate versus STATE ( GOVT OF NCT OF DELHI) & ANR ... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with Mr.Siddharth Sindhu Advocate and SI Santosh Kumar Yadav, PS Pandav Nagar Mr.Shantanu Bhardwaj, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.11.2018 Crl.M.A.No.35894/2018 (Exemption) Allowed subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No.63/2018 under Section 380 IPC registered at PS Pandav Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR petitioner is the only accused and respondent No.2 the complainant/victim.

Respondent No.2 is present in Court and is identified by the learned counsel and Investigating Officer. He states that he has settled the matter with the petitioner before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 24th March, 2018 and has received a sum of ₹3,35,200/- from the petitioner and has now no claim whatsoever against the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. He undertakes to abide by the terms of the settlement dated 24th March, 2018 arrived at between the parties.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of the aforesaid settlement. To show remorse, he undertakes to deposit cost.

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.63/2018 under Section 380 IPC registered at PS Pandav Nagar, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹5,000/- with the Delhi High Court Legal Services Committee within four weeks. Parties have signed this order sheet in acknowledgment of their

statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 13, 2018 'rk'