Citation : 2017 Latest Caselaw 4382 Del
Judgement Date : 23 August, 2017
$~15 & 16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1236/2017
+ W.P.(CRL) 1240/2017
RAJEEV CHANANA ..... Petitioner
Through: Mr. Gaurav Sachdeva Advocate
with Mr. R.K. Sachdeva, Advocate with
petitioner in person.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sanjay Lao, ASC for the State
with SI Vikram, P.S. Greater Kailash.
Mr. Gulshan Sharma, Advocate for R-2 with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 23.08.2017
1. Status report has been filed.
2. By writ petition, being W.P. (Crl.) 1236/2017, the petitioner has invoked the writ jurisdiction of this court under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No.0031/2017, registered on 11.02.2017 with Police Station Greater Kailash, South East, Delhi under Section
336/427 of IPC. By writ petition, being W.P. (Crl.) 1240/2017, petitioner seeks quashing of the FIR No.25/2017 registered on 07.02.2017 against him with the same police station, under Sections 336/427 IPC. Both the FIRs were registered on the complaint of respondent No.2.
3. It is submitted that the charge-sheet had been filed before the learned Metropolitan Magistrate in both cases.
4. The respondent No.2 and the petitioner had amicably settled their disputes on 16.02.2017 in terms of Settlement-cum- Compromise Deed. Copy of the same is placed on record.
5. By this settlement, the petitioner had agreed to pay total sum of Rs.3 lacs to the respondent No.2 in full and final settlement of his claim in respect of both the incidents covered in FIR No.31/2017 and FIR No.25/2017. The respondent No.2 had also agreed not to pursue the said FIRs.
6. Pursuant to the settlement, the petitioner had paid Rs.1 lac by Demand Draft bearing No.969280 and Rs.2 lacs by Pay Order No.969279, both dated 16.02.2017 issued by Yes Bank Limited, Greater Kailash-II, New Delhi, to the respondent No.2.
7. The respondent No.2, who is present in the court states, that he had settled the disputes with the petitioner without any force or coercion. He submits that he had received the entire settlement amount of Rs.3 lacs from the petitioner. He states that he is 83 years of age and does not want to pursue with both the FIRs. He submits that both FIRs may be quashed.
8. The parties had amicably settled all their disputes and no
purpose would be served in further pursuing with the FIR bearing No.0031/2017, registered on 11.02.2017 with Police Station Greater Kailash, South East Delhi under Section 336/427 of IPC and FIR No.25/2017 registered on 07.02.2017 with Police Station Greater Kailash, South East, Delhi, under Sections 336/427. Hence, to secure ends of justice, the FIR bearing No.0031/2017, registered on 11.02.2017 and FIR No.25 of 2017 registered on 07.02.2017 police station Greater Kailash, South East, Delhi, under Sections 336/427 and proceedings arising out of the same are hereby quashed.
9. Both the petitions stand disposed of accordingly.
VINOD GOEL, J.
AUGUST 23, 2017/sandeep
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