W.P.(CRL)/1211/2018 of VINOD SINGH@VINOD WALIA Vs THE STATE & ANR(GOVT. OF NCT OF DELHI)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1211/2018

VINOD SINGH@VINOD WALIA ..... Petitioner

Represented by:

Mr. Amit Kumar & Mr. Gagan Chawala, Advs

versus

THE STATE & ANR(GOVT. OF NCT OF DELHI) ..... Respondent Represented by: Mr. Ashish Negi for Ms. Richa Kapoor, ASC for the State SI Virender, PS South Rohini Respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 18.09.2018

By the present petition the petitioners seek quashing of FIR No. 388/2016 under Sections 420/406/120B IPC registered at PS South Rohini, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Status report has been handed over, which is taken on record.

Learned proxy counsel appearing for the Addl. Standing Counsel for the State, on instructions, submits that in the above noted FIR, petitioner is the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that he has settled the matter with the Petitioner vide the Compromise Deed dated 16[th] March, 2018 copy whereof is annexed as Annexure ‘B’ to the present petition. In terms of the settlement arrived at between the petitioner and respondent no.2, respondent no.2 was entitled to total sum of ` 15,50,000/- out of which ` 13,50,000/- W.P.(CRL) 1211/2018 P-1/2

already stands received by him and balance `2,00,000/- has been paid to the respondent no.2 by the petitioner in the Court today vide demand draft bearing no.001134 dated 17[th] September, 2018 drawn on HDFC Bank. He further states that he has no claim whatsoever remaining against the petitioner. In terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and are identified by the learned counsel affirms the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties vide Compromise Deed dated 16[th] March, 2018.

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. 388/2016 under Sections 420/406/120B IPC registered at PS South Rohini, 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.

SEPTEMBER 18, 2018 ‘seema’

W.P.(CRL) 1211/2018 P-2/2