Nishant Sinha v. State & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3951/2018 NISHANT SINHA ..... Petitioner Represented by:

Mr. Tarun Vir Singh Keher, Mr.

Vishal Tripathi and Mr. Sandeep Mishra, Advocates.

versus STATE & ANR.

..... Respondent Represented by:

Ms. Amita Sachdeva, Advocate for Ms. Richa Kapoor, ASC with SI Janak Singh, PS New Friends Colony.

Mr. Lalit Bhasin, Mr. Ranjan Jha and Mr. Kamal Kant Tyagi, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.12.2018 By the present petition the petitioner seeks quashing of FIR No. 413/2015 under Sections 406/468/471/120B IPC registered at PS New Friends Colony, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/ victim. Respondent No. 2 is a company and has duly authorised Mr. Sanjay Gupta, its company Secretary as one of the authorised officer to take steps on behalf of the company. Copy of the authorisation in favour of Mr. Sanjay W.P.(CRL) 3951/2018

Gupta is placed on record at page-18 to the present petition. Mr. Sanjay Gupta who is present in Court and is identified by the learned counsel states that he has instruction and authority to make the statement that the respondent No. 2/ the complainant does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto against the petitioner as the parties have entered into a settlement out of Court. He thus states that the FIR and the proceedings pursuant thereto be quashed. Statement of Mr. Sanjay Gupta on behalf of respondent No. 2 is affirmed by the petitioner who is present in Court and has been identified by the learned counsel.

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. 413/2015 under Sections 406/468/471/120B IPC registered at PS New Friends Colony, Delhi and proceedings pursuant thereto are hereby quashed.

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 21, 2018 'yo'

W.P.(CRL) 3951/2018