Mohd Tahir Ansari v. State Of Gnct Of Delhi & ORS
39# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD TAHIR ANSARI ..... Petitioner Represented by:
Mr. Shekhar Nanvaty, Advocate with petitioner in person.
versus STATE OF GNCT OF DELHI & ORS ..... Respondents Represented by:
Ms. Kamna Vohra, Additional Standing Counsel for State with ASI Harbans Lal, PS Palam Village, New Delhi.
Mr. Yashveer Singh, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 20.12.2017 By the present petition the petitioner seeks quashing of FIR No. 78/2017 under Sections 420/406 IPC registered at PS Palam Village, 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 petitioner is the only accused and the respondent No.2 the complainant/victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the
matter with the petitioner vide memorandum of understanding dated 6th October, 2017 pursuant whereof he has received a total sum of ₹7.05 lakhs vide two cheques as noted in the Memorandum of Understanding which have duly been encashed. He further states that the passport of his son has been received by him and he has no claim against the petitioner. In terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.
The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. He also states that he has also received the sale letter of his vehicle back from respondent No.2. Petitioner further assures that no such misbehaviour will take place in future and he will abide by the terms of the Settlement. Petitioner also states that to show remorse he is willing to deposit some 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. 78/2017 under Sections 420/406 IPC registered at PS Palam Village, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹10,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court 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.
DECEMBER 20, 2017 'vn'