Gaurav Gurnani v. The State & Anr

1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.

2. Notice to respondent no. 2 also. He is present in court and accepts notice. He is duly identified by the IO SI Ajeet.

3. 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.P.C.”) for quashing of the FIR bearing No.141/2017, registered on 14.08.2017 2017:DHC:4866 W.P. (CRL). No. 2443/2017 with Police Station Greater Kailash, South East Delhi under Sections 279/338 of IPC on the complaint of respondent no.2.

4. After the registration of the FIR, the petitioner and respondent No.2 had amicably settled the dispute on 21.08.2017. By this settlement, the petitioner had agreed to pay a sum of Rs.27,000/- by cheque to the respondent No.2. The respondent No.2 states that after receiving the cheque, he got it encashed. Original hand written settlement dated 21.08.2017 is on the record. He also states that he has willingly settled the matter with the petitioner without any force or coercion and he does not want to pursue the said FIR. He submits that the FIR may be quashed.

5. Learned APP through the I.O. submits that the charge sheet has not been filed. He further submits that the parties have amicably settled the matter.

6. In these circumstances, when the matter has been amicably settled between the parties, no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.141/2017, registered on 14.08.2017 with Police Station Greater Kailash, South East Delhi under Sections 279/338 of IPC and proceedings arising out of the same are hereby quashed.

7. The petition is disposed of accordingly.

8. Order dasti.