Kamal Aggarwal v. State & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 701/2024 KAMAL AGGARWAL .....Petitioner Through:

Mr. Sanjeev Deswal, Advocate versus STATE & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for State Mr. Aviral, Advocate for R-2 SI Vikas Yadav DIU outer North District

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 09.01.2025 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr. P.C.), seeking quashing of the FIR No. 0107/2021 registered under Section 420 of the Indian Penal Code, 1860 (IPC) at Police Station Shahbad dairy on the ground of compromise between the Petitioner and Respondent No.2.

2.

The Petitioner and the Respondent No. 2 are present in Court. Respondent no. 2 has been identified by Petitioner's counsel as well as Investigating Officer (IO).

3.

Respondent No.2 confirms that the Memorandum of Understanding (MoU) dated 13.04.2021 has been executed between the parties and he has received the sum of Rs. 7 Lakhs agreed between in terms of the said MoU. 4.

Respondent no. 2 states that he has no objection to the FIR being quashed. An affidavit dated 09.02.2024 in this regard has also been filed by him.

W.P.(CRL) 701/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:52:56

5.

Considering that the FIR was registered in 2021, the Petitioner shall pay a cost of Rs.15,000/- within three (3) weeks from today to the Delhi High Court Bar Clerks' Association, through the Secretary. In this regard, an affidavit of compliance shall be filed within two (2) weeks thereafter. 6.

Considering the above settlement between the parties, there is no purpose continuing with proceedings of the present FIR as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer.

7.

Accordingly, the petition is allowed. Consequently, the FIR No. 0107/2021 dated 11.03.2021 registered at Police Station Shahbad Dairy for offences under Section 420 of the IPC and proceedings emanating therefrom are quashed.

8.

Parties are bound down to the terms of the settlement and the statement made before this Court today and shall abide by the terms of MoU.

9.

Accordingly, the petition is disposed of subject to payment of cost of Rs. 15,000/-.

10.

Pending application is disposed of as infructuous. 11.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J JANUARY 9, 2025/msh/sk Click here to check corrigendum, if any W.P.(CRL) 701/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:52:56