M/S Suraj Constructions & ORS. v. State & ANR

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5754/2019 M/S SURAJ CONSTRUCTIONS & ORS.

..... Petitioners Through:

Mr. Niranjan Singh and Ms. Kirti Karishma, Advocates with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Ms. Rajini Gupta, APP for the State with SI Pankaj, PS Kirti Nagar.

Mr. Vikrant Chowdhary, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 16.01.2020 1.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.313/2014, under Sections 420/406 IPC, registered at Police Station-Kirti Nagar, West Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that on the complaint of respondent No. 2 above said FIR was registered against the petitioners.

4.

Counsel for the petitioner submits that during the pendency of

the trial, the parties have settled the matter amicably in terms of settlement deed/compromise dated 14.09.2019.

Copy of the settlement deed is also placed on record.

5.

Respondent no.2 is present in Court and identified by the IO. The respondent No.2 submits that he has settled his disputes with the petitioner. He further submits that he has no objection if the FIR in question is quashed.

6.

It is submitted by learned APP for the State, on instructions from the IO, that supplementary charge sheet has been filed and only charges under Section 420 and 406 are pressed and no evidence with regard to forgery has been made out. Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed. 7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, this petition is allowed, subject to costs of ₹75,000/- to be deposited by the petitioners with Delhi State Legal Services Authority within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.313/2014, under Sections 420/406 IPC, registered at Police Station-Kirti Nagar, West Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. A copy of the order be given dasti under the signature of the Court Master.

RAJNISH BHATNAGAR, J JANUARY 16, 2020 AK