Sajid Khan & Anr v. NCT of Delhi & Ors

ORDER %

11.11.2011 Crl.M.A.Nos. 17693-19694/2011 Exemptions allowed subject to just exceptions. CRL.M.C. 3719/2011 & Crl.M.A. 17692/2011

(stay) By this petition the Petitioners seek quashing of FIR No. 427/1999 under Sections 420/468/471/34 IPC registered at PS Connaught Place on the ground that the parties have settled the matter. Learned counsel for the Respondent No.2 and Petitioners state that during the course of trial the Petitioners have been discharged for offences punishable under Section 468 IPC. CRL.M.C. 3719/2011 page 1 of3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. The complainant/RespondentNo. 2 Mr. S.C. Jain who is present in person and is identified by his counsel states that in view of the settlement he has received a sum of Rs. 60,000/- and Rs. 1 lakh is lying deposited with the Learned Trial Court which will be received by him pursuant to the quashingof FIR. He further statesthat in view of the settlementbetweenthe parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Learned APP on instructions from Sub-Inspector K.K. Mishra states that besides the Petitioner there is no other accused involved in the present FIR and besides Respondent No.2 interest of no other complainant/victim is involved in the FIR. 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 usefiil 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. Consequently, FIR No. 427/1999 under Sections 420/468/471/34 IPC registered at PS Connaught Place and proceedings pursuant thereto are CRL.M.C. 3719/2011 page 2 of3 hereby quashed. The Respondent/complainant will be entitled to receive the amount of ^1 lakh along with the interest that may have accrued thereon lying before the learned Trial Court. Parties have signed this order sheet in acknowledgment of their statements made before this Court. The petition and the pending application are disposed of Order dasti. MUKTA GUPTA,J NOVEMBER 11,2011 'g%' _

¶2CRL.M.C. 3719/2011 page 3 of3

$-63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3719/2011 SAJID KHAN & ANR Petitioner Through Mr. Sanjeev Arora, Mr. Manish Singh, Advs. with petitioners in person. versus NCT OF DELHI & ORS Respondent Through Mr. Mukesh Gupta, APP for State with SI K. K. Mishra, PS Conn. Place. Mr. Ashutosh, Mr. S.C. Jain, Adv. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA