W.P.(CRL)/3534/2018 of RACHIT GOEL Vs STATE OF NCT OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3534/2018

RACHIT GOEL

..... Petitioner

Represented by: Mr. Vikas Nagwan, Adv.

versus

STATE OF NCT OF DELHI & ANR

..... Respondent

Represented by: Ms. Kamna Vohra, ASC for State with Ms. Pooja Malhotra, Adv. with SI Bachchu Singh PS Keshav Puram. R-2 in person.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R20.11.2018

By the present petition the petitioner seeks quashing of FIR No. 129/2015 under Sections 279/337 IPC registered at PS Keshhav Puram, 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 respondent No.2 the only complainant/ victim. She further states that due to the injury to the respondent No.2 being declared grievous, offence under Section 338 IPC was also invoked instead of Section 337 IPC.

W.P.(CRL) 3534/2018 Page 1 of 3

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the Petitioner in terms of the settlement to be arrived at between the parties on 23[rd] November, 2017 recorded by the Presiding Officer, MACT (NW) Delhi. He states that the petitioner has taken adequate care of his medical expenses and he has received sum of ₹2,50,000/-. He has now no claim whatsoever against the petitioner and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

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. 129/2015 under Sections 279/337 IPC registered at PS Keshhav Puram, Delhi and proceedings pursuant thereto are hereby quashed.

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

W.P.(CRL) 3534/2018

Petition is disposed of. Order dasti.

NOVEMBER 20, 2018 ‘ga’

W.P.(CRL) 3534/2018

MUKTA GUPTA, J.