Liyakat Ali & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4881/2019 LIYAKAT ALI & ORS.

..... Petitioners Through Mr.Montu and Mr.Jagdish Diwakar, Advocates versus STATE & ANR.

..... Respondents Through Ms.Meenakshi Dahiya, APP for State

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 26.02.2020 By the present petition, the Petitioners seek the quashing of FIR No.118/2008 under Sections 420/120B IPC PS Economic Offence Wing registered on the complaint of Mrs.Manpreet Kaur W/o Shri Ajit Singh. The case of the prosecution is that P.C.Rana [Petitioner No.2] had assured the complainant [Respondent No.2] that he would arrange a job for her son-in-law at Delhi Airport as a loader if she agrees to pay Rs.1 lakh. On the assurance, she paid the said amount to Liyakat Ali [Petitioner No.1] on 05.05.2005. The accused Liyakat Ali further handed over the said amount to P.C.Rana, but since the job was not arranged, it resulted in the complainant initiating action by lodging an FIR.

The respondent no.2 has produced her original Aadhar Card, photocopy of which is on the record. Today on query by the Court, she affirms having signed her affidavit in support of the averments

made in the petition as well as the compromise deed dated 27.08.2019.

Learned counsel for the Petitioners submits that the Petitioners and Respondent No.2 have entered into a compromise deed on 27.08.2019 wherein it has been agreed that the Petitioners shall pay an amount of Rs.1 lakh towards full and final settlement of all their disputes arising out of the FIR and the proceedings emanating therefrom.

The Respondent No.2 is present in Court today and confirms that the payment of Rs.10,000/- has been received in cash and the remaining amount of Rs.90,000/- has been received by way of demand draft. The said amount has been received by her towards full and final settlement of all her claims against the Petitioners. It is also to be noted that there is another accused, namely, Ms. Manjeet Kaur in the FIR, however, Ld. APP for the State confirms that the proceedings against her have since abated on account of her death. Respondent No.2 who is present in Court states that the settlement is out of her own free will and volition without any pressure or coercion. She further states that in view of the payments made by the Petitioners, she has no objection in case the present FIR and the proceedings emanating therefrom are quashed.

Learned counsel for the parties state that there is no other proceedings pending between them. Further, learned counsel for the Petitioner assures that the demand draft handed over to the Respondent No.2 shall be duly honoured on presentation. In view of the above settlement between the parties, no useful

purpose would be served in case the present criminal proceedings continue.

Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating are hereby quashed and the present petition is disposed of.

SANJEEV NARULA, J FEBRUARY 26, 2020/sg