M/S Mbl Infrastructures Ltd. & ORS. v. State & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4806/2019 and Crl.M.A.No.36597/2019 M/S MBL INFRASTRUCTURES LTD. & ORS.

..... Petitioners Through:

Mr.Saraswata Mohapatra, Advocate with the AR of petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms.Manjeet Arya, APP for State.

With SI Banketash, P.S. Sarita Vihar, Delhi.

Mr.Avneesh Saran and Mr.S.Zeeshan Ali, Advocates along with AR of R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 0192/2019, registered under Sections 406/34 IPC at PS Sarita Vihar, Delhi on the ground of compromise having been arrived at between the parties. 2.

Learned counsels for the parties submit that the parties have arrived at an amicable settlement of their dispute before the "Delhi High Court Mediation and Conciliation Centre" for a total sum of Rs.92 lacs, which has been reduced into writing on 26.09.2019.

3.

Learned counsel for respondent No.2, on instructions from the authorized representative of respondent No.2 company, who is present in person, submits that the aforesaid settled amount of Rs.92 lacs has been received by respondent No.2/complainant from the petitioners.

4.

The petitioners as well as respondent No.2 are represented by their respective authorized representatives, who have signed the settlement agreement on behalf of petitioners and respondent No.2/complainant respectively. Affidavits of the petitioners as well as respondent No.2 have been placed on record in support of the aforesaid settlement agreement. The parties shall remain bound by the terms of the settlement agreement. 5.

The Authorized Representatives of the petitioners and respondent no.2 are present in Court and have been identified by their respective counsels as well as the Investigating Officer. 6.

The Authorized Representative of respondent no. 2/complainant, present in person, states that he has entered into the settlement with the petitioners of his own free will, volition and without any undue force pressure or coercion. He further states that he has no objection in case the present FIR and the consequent proceedings are quashed. 7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the petitioners and respondent no.2, in my view, no fruitful purpose would be served in continuation of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs.1 lac, out of which a sum of Rs.50,000/- shall be deposited by the petitioners with the Delhi High Court Legal Services Committee and the remaining balance amount of Rs.50,000/- shall be deposited by them in AASRA Fund, which is

maintained by the Registrar General of this Court. The aforesaid amount of costs shall be deposited by the petitioners within a period of four weeks. Proof of deposit be filed in Court as well as with the Investigating Officer. 10.

With the above directions, the present petition is disposed of along with the pending application.

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 10, 2020 'dc'