Karan Singh v. State Of NCT Of Delhi & ANR

7# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + KARAN SINGH ..... Petitioner Represented by:

Mr. Prashant Mehta and Mr.

Naresh Daksh, Advocates with petitioner in person.

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

Ms. Nandita Rao, Additional Standing Counsel for Ms.

Kamna Vohra, Additional Standing Counsel for State with SI Sanjeev Choudhary, PS Vasant Kunj (South) Mr. Prashant Katar, Advocate for respondent No.2 with Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.12.2017 Crl. M.A. No. 18854/2017 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 3188/2017 and Crl. M.A. No. 18855/2017 (interim relief/ directions) 1.

By the present petition the petitioner seeks quashing of FIR No. 668/2014 under Sections 419/420/467/474/120B IPC registered at PS Vasant Kunj, South, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the

matter.

2.

Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR the petitioner is the only accused and the respondent No. 2 the only complainant/victim. She further states that the present FIR is an off-shoot to the matrimonial dispute between the petitioner and the respondent No.2, when the respondent No.2 allegedly found that a flat at Vasant Kunj in the joint name of the petitioner and respondent No.2 had been sold on the strength of forged documents of the respondent No.2. 3.

The complainant/Respondent No. 2 Ms. Hema, who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioner at the Counselling Cell, Family Courts, Dwarka on 18th August, 2017, copy whereof is annexed as Annexure-P6 to the present petition. In terms of the settlement the Petitioner has to give respondent No.2 a total sum of ₹56 lakhs in full and final settlement of all her claims, out of which ₹10 lakhs have already been received by respondent No.2 and a further sum of ₹10 lakhs has been received by her today in Court vide Demand Draft No. 408655 dated 13th October, 2017 drawn on Vijaya Bank, Vasant Kunj, Delhi. Respondent No.2 states that in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties vide settlement dated 18th August, 2017.

4.

Petitioner who is present in Court and is identified by learned counsel affirms the statement of respondent No.2 and states that he will abide by the terms of the settlement arrived at between the parties vide Annexure-P6. 5.

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.

6.

Consequently, FIR No. 668/2014 under Sections 419/420/467/ 474/120B IPC registered at PS Vasant Kunj, South, Delhi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

DECEMBER 08, 2017 'vn'