Sh. Ashish v. State & ORS.

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 468/2020 SH. ASHISH ..... Petitioner Through Mr Abhishek Chauhan, Advocate along with petitioner in person.

versus STATE & ORS.

..... Respondents Through Mr Amit Peswani, Advocate for Ms Nandita Rao, ASC Crl. for State.

SI Ashish Sharma, P.S. Burari.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.02.2020 CRL.M.A. 4537/2020 1.

This is an application for early hearing. For the reasons stated in the application, the same is allowed.

W.P.(CRL) 468/2020 2.

The petitioner has filed the present petition, inter alia, praying that FIR No. 0362/2019 under Section 420 of the IPC registered with PS Burari and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2 alleging that the petitioner had induced the complainant to pay certain monies on the pretext that the petitioner would arrange for a tender of scrap to be awarded to him. This Court is informed that similar complaints were also made by respondent nos. 3 and 4. Respondent nos. 2, 3 & 4 are present

in Court and are identified by the Investigating Officer. 4.

The respondents state that they have no grievances against the petitioner and all disputes among them have since been resolved. They also confirm that they have received the funds that had been paid by them to the petitioner. They further state that with the receipt of the said amounts, they have no further dispute with the petitioner. They join the petitioner in praying that the FIR in question be quashed.

5.

Respondent no. 2 further states that he is authorized to make the aforesaid statement on behalf of his partner (Ashish), who is not a party to the present petition.

6.

The petitioner is present in Court and is identified by his counsel. He states that he has resolved all disputes with respondent nos. 2 to 4 in terms of the Compromise Deed dated 03.02.2020. A copy of the same has been placed on record.

7.

The petitioner volunteers that he shall deposit a sum of ₹1,00,000/- with the Delhi High Court (Middle Income Group) Legal Aid Society. 8.

In view of the statements made by the concerned parties and the undertaking given by the petitioner that he shall deposit costs of ₹1,00,000/- with the Delhi High Court (Middle Income Group) Legal Aid Society within a period of two weeks from today, this Court considers it apposite to allow the present petition.

9.

Accordingly, FIR No. 0362/2019 under Section 420 of the IPC registered with PS Burari and all proceedings emanating therefrom, are quashed. This is subject to the petitioner depositing a sum of ₹1,00,000/- with the Delhi High Court (Middle Income Group) Legal Aid Society and further depositing proof of such deposit with the Registry of this Court

within the aforesaid period.

10.

In the event the proof of payment is not deposited, the Registry is directed to relist the matter before this Court. 11.

The concerned parties (petitioner and respondent nos. 2 to 4) shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J FEBRUARY 28, 2020 pkv