Urja Associates & ORS. v. State & ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 689/2020 URJA ASSOCIATES & ORS.

..... Petitioners Through:

Mr. Rishi Pal, Adv.

Partners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State with SI Jainendra Kumar PS EOW.

Mr. Dushyant Kr. Meena AR of R-2

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 07.02.2020 Crl. M.A.No. 2843/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 689/2020 1.

Issue notice.

Learned APP for the State accepts notice.

Respondent no.2 is represented by Mr. Dushyant Kumar Meena, vide Resolution dated 6.2.2020. He accepts notice on behalf of respondent no.2.

2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.92/2018, under Sections 406/409/420 & 120-B IPC, registered at Police Station- EOW, Delhi, and all proceedings

emanating therefrom.

3.

The brief facts of the case are that petitioner no.1 is a partnership firm duly represented by its partners, petitioners no.2 and 3.

Respondent no.2 is the complainant company which had filed an application under Section 156(3) of Cr.P.C, by virtue which, learned CMM South-East had directed the registration of an FIR against the petitioners. Prior to registration of the FIR, the respondent no.2 had also initiated criminal complaints Under Section 138 of NI Act against the petitioners.

4.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably in terms of Settlement dated 31.5.2019. Copy of the settlement is also placed on record.

5.

AR of respondent no.2 is present in Court and identified by the IO.

The respondent No.2 submits that he has settled disputes with the petitioners. He further submits that he has no objection if the FIR in question is quashed.

6.

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 ₹5,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committee 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.92/2018, under Sections 406/409/420 & 120-B IPC, registered at Police Station- EOW, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti.

RAJNISH BHATNAGAR, J FEBRUARY 07, 2020/ib