Yogesh Madanlal Malpani v. State

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1201/2020 YOGESH MADANLAL MALPANI ..... Petitioner Through:

Mr. D. Kathpalia, Advocate.

versus STATE ..... Respondent Through:

Ms. Rajini Gupta, APP for the State with SI Naresh Kumar PS Connaught Place.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 02.03.2020 CRL.M.C. 1201/2020 and Crl. M.A. No. 4650/2020 (for stay) This is a petition filed under Section 482 Cr.P.C. seeking quashing of FIR No. 93/2018 under Section 174A IPC registered at Police Station Connaught Place, New Delhi.

It is submitted by learned counsel for the petitioner that a case under Section 138 of the Negotiable Instruments Act ('NI Act') was filed against the petitioner and in those proceedings he had been declared as an absconder by the learned trial court vide order dated 04.08.2018.

It is further submitted that the said matter has been settled amicably between the petitioner and the complainant. It is submitted that vide order dated 09.12.2019 on the basis of a settlement the matter was compounded and the petitioner was

acquitted for the offence under Section 138 NI Act. Keeping in view the above facts and circumstances, since the original case between the parties has been settled, no useful purpose will be served by continuing with the proceedings. 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. 93/2018 under Section 174A IPC registered at Police Station Connaught Place, New Delhi, and the proceedings emanating therefrom shall stand quashed and all the subsequent proceedings before the learned Metropolitan Magistrate are quashed.

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