Delhi High Court - Orders
Amit Sharma & Anr vs State (Govt. Of Nct Of Delhi) & Anr on 19 February, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1330/2020
CRL.M.A.11730/2020 (stay)
AMIT SHARMA & ANR. ..... Petitioner
Represented by: Mr.Mukesh Kalia, Advocate with
Mr.Anish Shrestha, Advocate with
petitioners in person through video
conferencing.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents
Represented by: Ms.Kamna Vohra, Additional
Standing Counsel for Mr.R.S.Kundu,
Additional Standing Counsel for state
with SI Amit Kumar, PS Crime
Branch.
Respondent Nos.2, 3 and 4 in person
through video conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 19.02.2021 The hearing has been conducted through Video Conference.
1. By the present petition, petitioners Amit Sharma and Ritesh Tiwari seek quashing of FIR No.97/2020 under Sections 420/120B/34 IPC registered at PS Crime Branch on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
2. On the last date of hearing, this Court noted that besides the two petitioners there were two more accused namely Ashwani Kashyap @ Ashwani Kumar Kashyap and Gaurav Nanda, who have not been impleaded.
Signature Not Verified Digitally Signed By:JUSTICEW.P. (CRL.) 1330/2020 PageGUPTA MUKTA 1 of 3 Signing Date:20.02.2021 09:05:37
3. Amended memo of parties has been filed impleading Ashwani Kashyap @ Ashwani Kumar Kashyap and Gaurav Nanda as respondent Nos.3 and 4 in the present petition.
4. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR, petitioner Nos.1 and 2 and respondent Nos.3 and 4 are the only accused and respondent No.2 Dr.R.M.Nair the complainant/victim and there is no other person involved.
5. Dr.R.M.Nair, respondent No.2 is present in Court through video conferencing and is identified by the Investigating Officer SI Amit Kumar, PS Crime Branch. Respondent No.2/complainant states that he has settled the matter with the petitioners vide compromise deed/memorandum of understanding dated 4th August, 2020 copy whereof is annexed as Annexure- P-4 at pages 29 to 32 of the paper book. He also states that he has received the amount involved and thus does not wish to pursue the above-noted FIR and the proceedings pursuant thereto even not only against the petitioners but also against the respondent Nos.3 and 4. He undertakes to abide by the terms of settlement arrived at between the parties.
6. Petitioners and respondent Nos.3 and 4 who are present through video conferencing and are identified by the learned counsel for the petitioners affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties and assure that no such incident would take place in future.
7. 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 Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 1330/2020 PageGUPTA MUKTA 2 of 3 Signing Date:20.02.2021 09:05:37 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.
8. Consequently, FIR No.97/2020 under Sections 420/120B/34 IPC registered at PS Crime Branch and proceedings pursuant thereto are hereby quashed qua petitioners and the respondent Nos.3 and 4 i.e. all the accused.
9. Petition and application are disposed of.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
FEBRUARY 19, 2021 'vn' Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 1330/2020 PageGUPTA MUKTA 3 of 3 Signing Date:20.02.2021 09:05:37