Anup Girdhar & ANR. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6052/2018 and Crl M.A. no. 48402/2018 ANUP GIRDHAR & ANR.

..... Petitioners Through Mr. Harpreet Singh Popli and Mr.

Anuj Yadav, Advs.

versus STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP with SI Badlu Ram, P.S. Janak Puri Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.11.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Mr. Bhupender Singh Dagar is present in Court and accepts notice. He has been identified by SI Badlu Ram of police station Janak Puri.

Respondent no. 2 is working as Driver with Delhi Transport Corporation (DTC). On his complaint, FIR No. 590/2014 under Sections 506/341/186/34 IPC was registered at police station Janak Puri against the petitioners. It is submitted that petitioners and respondent no. 2 have settled their disputes, vide a Settlement Deed dated 3rd September, 2016; therefore,

aforesaid FIR and consequent proceedings emanating therefrom may be quashed. It is noted that petitioners had earlier filed a Crl. M.C. No. 3827/2016 for quashing of the FIR and consequent proceedings emanating therefrom in view of the compromise.

The said petition was, however, withdrawn.

Petitioners were granted liberty to file a fresh petition after obtaining 'no objection certificate' from the competent authority of respondent no. 2. It is submitted that competent authority, that is, Deputy Manager, DTC has issued a 'no objection certificate' to the effect that DTC does not have any objection in case aforesaid FIR is quashed, in view of the settlement arrived at between the petitioners and respondent no. 2. 'No objection certificate' has been placed on record as Annexure P-6 and has been perused.

Respondent no.2 submits that he has settled the matter with the petitioners of his own free will and he has no objection in case aforesaid FIR and consequent proceedings emanating therefrom are quashed against the petitioners.

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 and 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.

NOVEMBER 30, 2018 r.bararia