Rajesh Aggarwal & ANR v. The State ( Govt Of NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 718/2019 & CRL.M.A. 5201/2019 RAJESH AGGARWAL & ANR .....Petitioners Through:
Mr. S. K. Gandhi, Advocates.
versus THE STATE ( GOVT OF NCT OF DELHI) & ANR.....Respondents Through:
Mr. Amol Sinha, ASC for the State with Insp.
Dinesh Kumar, P.S.:
Janakpuri and SI Parminder Kumar, P.S.: Special Cell.
Ms. Suneela Sangwan, Authorised Representative of R2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 09.09.2024 By way of the present petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioners and complainant/respondent No. 2, seek quashing of case FIR No. 193/2016 dated 08.02.2016 registered under sections 406/420/467/468/471/120B of the Indian Penal Code, 1860 ('IPC') at P.S.: Janakpuri, Delhi.
2.
The petition is premised on Settlement Deed dated 28.02.2018 arrived at through mediation before the Mediation Centre, Dwarka Courts, New Delhi, whereby the petitioners and respondent No. 2 have resolved the matter amicably.
3.
The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proofs of their I.D.s. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
As pointed-out in the course of the proceedings 04 accused persons were named in the FIR; two of whom are petitioners in the present proceedings and the other two are stated to have been employees of respondent No.2 / M/s. India Bulls Finance Ltd. 5.
That being said, Ms. Suneela Sangwan, the Authorized Representative of respondent No.2, who is present in court and has represented respondent No.2 through-out including in the mediation proceedings before the Mediation Cell, Dwarka Court, New Delhi, submits that since respondent No.2 has received the entire settlement amount of Rs.6,60,000/- (Rupees Six Lakh Sixty Thousand Only), they do not wish to pursue the matter against any of the accused person. 6.
The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.
7.
The court has interacted with respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a Settlement Deed dated 28.02.2018 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.
8.
Mr. Amol Sinha, learned ASC confirms that the State has no objection to the subject FIR being quashed.
9.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.
Accordingly, case FIR No. 193/2016 dated 08.02.2016 registered under sections 406/420/467/468/471/120B IPC at P.S.: Janakpuri, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.
Petition stands disposed-of.
12.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 9, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.