LAWS(DLH)-2016-1-191

NAVEEN Vs. STATE AND ORS.

Decided On January 15, 2016
NAVEEN Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Naveen @ Naveen Thakur for quashing of FIR No. 1176/2015 dated 20.08.2015, under Sec. 408 IPC registered at Police Station Bindapur on the basis of the Memorandum of Understanding (MOU) arrived at between the petitioner and respondent no.2, namely, Sh. Praveen Jain on 27.08.2015.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first -informant of the FIR in question by his counsel.

(3.) Respondent No. 2 present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the MOU, with the intervention of the well -wishers, friends and respectable persons of the society, both the parties have settled all their disputes. As per the MOU, the respondent no.2 is not claiming anything on account of money which was taken by the petitioner and is ready and willing to give his consent to the quashing of the FIR in question. Respondent No. 2 affirmed the contents of the aforesaid settlement and of his affidavit dated 07.09.2015. As per the affidavit filed by respondent no.2, he has settled all his disputes with the petitioner and has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No. 2 has been recorded in this regard in which he stated that he has entered into a compromise with the petitioner and has settled all the disputes with him. He further stated that he has no objection if the FIR in question is quashed.