Pankaj Trehan & ORS v. State NCT Of Delhi & ORS

16# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + PANKAJ TREHAN & ANR ..... Petitioners Represented by:

Mr. Vaibhav P. Shukla, Advocate with petitioners in person.

versus STATE NCT OF DELHI & ORS ..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with ASI Tej Ram, PS Najafgarh.

Mr. Mukesh Kumar, Advocate for respondent No. 2 with respondent No.2 in person.

Mr. Ashok Yadav and Ms.Pinki Yadav, Advocates for respondent Nos. 3 and 4 with respondent Nos. 3 and 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.05.2018 A status report has been handed over which is taken on record. By the present petition the petitioner seeks quashing of FIR No.713/2015 under Sections 420/468/471 IPC registered at PS Najafgarh, 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 the two

petitioners are the only accused, the respondent No.2 the complainant/victim and the respondent Nos. 3 and 4 the other victims. Respondent Nos. 2 to 4 are present in Court and are identified by the learned counsels and the Investigating Officer. They state that they have settled the matter with the petitioners before the Mediation Centre, Dwarka Courts on 23rd March, 2016, copy of which order has been placed on record as Annexure-P2 to the present petition. In terms of the settlement respondent Nos. 3 and 4 have received a sum of ₹70 lakhs whereas the title and possession of the property bearing Plot No.56, admeasuring 240 sq. yards, located in Khasra No.52, Roshan Mandi, Main Road, Najafgarh, New Delhi is with the respondent No.2. Besides she has also received a sum of ₹4 lakhs. Original documents of the property bearing Plot No.

56, admeasuring 240 sq. yards, located in Khasra No.52, Roshan Mandi, Main Road, Najafgarh, New Delhi, which were seized by the Investigating Officer for the purpose of investigation have since been handed over to the respondent No.2 in Court today. Respondent Nos. 2, 3 and 4 state that they have now no claim whatsoever remaining against the petitioners and in terms of the settlement they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. They further undertake to abide by the terms of settlement.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 to 4 and undertakes to abide by the terms of the settlement arrived at between the parties before the Mediation Centre, Dwarka Courts and to show remorse the petitioners undertake to deposit some costs also.

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, 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.713/2015 under Sections 420/468/471 IPC registered at PS Najafgarh, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹25,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within six 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.

MAY 16, 2018 'vn'