CRL.M.C./432/2017 of VIJAY KUMAR GUPTA & ORS Vs THE STATE (GOVT. OF NCT O0F DELHI ) &ANR.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 432/2017

VIJAY KUMAR GUPTA & ORS..... PetitionersThroughMr. Kanwar Kochhar, Adv.ThroughMr. Kanwar Kochhar, Adv.

versus

THE STATE (GOVT. OF NCT OF DELHI) & ORS ..... RespondentsThroughMs. Manjeet Arya, APP with ASIHanumant Singh, P.S. Adarsh Nagarfor the StateRespondent no. 2 in personThroughMs. Manjeet Arya, APP with ASIHanumant Singh, P.S. Adarsh Nagarfor the StateRespondent no. 2 in person

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%20.11.2017

Station House Officer, Police Station Adarsh Nagar has reported thatrespondent no. 3 Rajesh could not be traced out despite best efforts.Respondent no. 2 (complainant) is present in Court and has been identifiedby ASI Manumant Singh of Police Station Adarsh Nagar. Respondent no. 2says that Rajesh was his customer and used to come to his shop at therelevant time.He is not in touch with Rajesh for the last 7 to 8 years.Respondent no. 3 had sustained simple injuries in the incident. Respondentno. 2 is the complainant and had sustained grievous injuries in the incident.

It is submitted that petitioners (accused) and private respondent (injured)have settled their disputes amicably, therefore, FIR No. 347/2007 underSections 325/323/34 IPC registered at Police Station Adarsh Nagar and theconsequent proceedings emanating therefrom may be quashed. Respondentno. 2 (complainant) submits that he has settled the matter with thepetitioners of his own free will and without any undue force, pressure orcoercion. Affidavit of respondent no. 2 is also on record, which shows thatrespondent no. 2 has already paid `2,00,000/- to the petitioner no. 1 towardssettled amount. perusal of para 3 of the affidavit shows that some civildisputes were also pending between the petitioner no. 1 and respondent no.2, wherein settlement was arrived at.Para 3 of the affidavit reads asunder:-

“3. That the civil case bearing CS No. 365/14/06(New No. 54283/16, Ex. No. 33/16) FILED BYMr. Vijay Kumar Gupta also stands withdrawnconsequent to the settlement arrived at between thepartiesduringexecutionproceedings.Thedeponentmadeavoluntarystatementdated27.05.2016 before the Hon’ble Court of Sh.Sidharth Mathur, Ld. SCJ-cum-RC (North), RohiniCourts, Delhi; wherein the deponent undertook towithdraw the instant criminal case and paid the

settlement amount of Rs.2,00,000/- to Sh. VijayGupta on 19.08.2016 before the Hon’ble Court.”

Respondent no. 2 further submits that he is not willing to pursue the

FIR any further and the same may be quashed.

Keeping in view the facts and circumstances of the case, as detailed

above, in the interest of justice, FIR No.347/2007 under Sections 325/323/34IPC registered at police station Adarsh Nagar and the consequentproceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

NOVEMBER 20, 2017

r.bararia

A.K. PATHAK, J.