Sandeep Shokeen v. State & Anr

1. This is a petition for quashing of complaint bearing No1550/2010, titled Pradeep Shokeen vs. Aditya pending in the Court of learrled MM, Dwarka Courts for trial. The reason for quashing of the complaint is that the complainant Aditya/respondent herein has settled the matter with the present petitioner before the Mediation Centre on 07.05.20It. The copy of the proceedings of the Mediation Centre are placed at page Nos.30- 31 of the paper book. In terms of the settlement a complaint purported to have been filed u/s 138 Negotiable Instruments Act by one Chand Singh against Aditya has already stated to have been withdrawn and corresponding duty was cast on the respondent/complainant to withdraw the present complaint case. It 2011:DHC:10355 v' \'/ is stated by the learned counsel for the petitioner that an application in this regard was filed before the Magistrate who did not allow the said application on the ground that two of the offences in respect of which cognizance was taken were not compoundable' Accordingly, the present petition for quashing of the complaint has been filed. Affidavit of the petitioner has been placed on record. Petitioner is present in Court and is duly identified by his counsel. Learned counsel for the petitioner has also voluntarily offered to deposit a sum of t10,000/- bV way of costs, as a pre-condition for quashing of complaint on account of the time of the Court having been wasted. Affidavit of Aditya, complainant is also on record wherein the factum of matter having been settled with Sandeep Shokeen, the present petitioner has been admitted. The complainant is also present in Court and is duly identified by his counsel. It has also been stated by APP that he has no objection in case the complaint case is quashed.

2. Having regard to the fact that the parties have settled the dispute, which is essentially private in nature, I feel no useful purpose would be served by keeping the same pending. Accordingly, complaint case bearing No1550/2010 and the consequent proceedings which are pending in the Court of learned MM, Dwarka Courts are quashed subject to the condition that the petitioner shall deposit a sum of t10,000/- in Delhi High Court Legal Services Committee, as voluntarily offered by him. Petitioner shall produce the original receipt of the deposit before the learned MM.

2. Accordingly, the petition is disposed of. v.K. sHALr, J ocToBER L[7], zOtL 1.' l{ L-,/