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High Court of DelhiW.P.(CRL)/2070/2015

Rama Shankar Mishra v. State ( NCT Of Delhi) & ANR

2015-09-18Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2070/2015 RAMA SHANKAR MISHRA ..... Petitioner Through Mr.Lokesh Kumar Mishra, Adv.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Mr.Piyush Singhal, Proxy for Mr.Ashish Aggarwal, ASC.

ASI Krishanpal & HC Satish Kr PS New Ashok Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 18.09.2015 Crl.M.A.13763/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(Crl.)2070/2015 The petitioner seeks quashing of the FIR No.362/2015 (PS Ashok Nagar) dated 16.03.2015 registered for offences under Sections 379/338 of the IPC.

It has been submitted on behalf of the petitioner that on 14.09.2015, an agreement was entered into between the petitioner and respondent no.2 for settlement of the dispute between them.

As part of such settlement, petitioner has paid Rs.30,000/- to respondent no.2 towards full and final settlement of all the claims of respondent no.2 It is further submitted that

respondent no.2 has received Rs.90,000/- from Motor Accidents Claim Tribunal, Karkardooma Courts, Delhi.

Filing of the present petition is necessitated on the ground that Section 279 does not fall in the category of compoundable cases. Respondent no.2 is present in person, who is identified by the counsel for the petitioner.

Mr. Piyush Singhal, proxy to Mr.Ashish Aggarwal, Additional Standing Counsel, submits that chargesheet has not yet been filed, though investigation is complete in all respects.

Considering the aforementioned facts viz. that there has been a settlement between the petitioner and respondent No.2 and he his having received compensation amount, this Court is of the opinion that no useful purpose would be served in allowing this FIR to be investigated any further. On the basis of aforesaid premised reasons, the subject FIR namely FIR No.362/2015 (PS Ashok Nagar), dated 16.03.2015 and all the emanating proceedings thereof are hereby quashed. The petition is disposed of.

ASHUTOSH KUMAR, J SEPTEMBER 18, 2015 ab