Honey Arora v. State & ANR.

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1183/2020 HONEY ARORA ..... Petitioner Through:

Mr. Jagjit Singh, Mr. G.Rajpur, Mr.

Preet Singh and Mr.

Vipin Chaudhary, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State.

Mr. Hemender R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 02.03.2020 Crl. M.A. No. 4603/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 1183/2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.322/2012, under Section 420/406 IPC, registered at Police Station- Vasant Kunj (North) Delhi, and all proceedings emanating therefrom.

2.

Issue notice.

Learned APP for the State accepts notice.

Respondent No.2 appears and accepts notice.

3.

The brief facts of the case are that respondent no.2 had filed 4 criminal complaint cases under Section 138 NI Act against the petitioner, and on the complaint of respondent No. 2 above said FIR was registered against the petitioner.

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 dated 25.1.2014. Copy of the order 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.

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 petitioner 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.322/2012, under Section 420/406 IPC, registered at Police Station- Vasant Kunj (North) Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J MARCH 02, 2020/ib