Shiva Verma v. State & ANR

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1245/2020 SHIVA VERMA ..... Petitioner Through:

Mr. Kedar Yadav, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through:

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

SI Gautam, P.S.Karol Bagh.

Mr. Harkaran Singh, Advocate for R2.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 04.03.2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.389/2016, under Sections 406 IPC, registered at Police Station- Karol Bagh, Delhi, and all proceedings emanating therefrom. 2.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 3.

The brief facts of the case are that on 22.5.2016 a complaint was received against the petitioner regarding mis-appropriation of gold jewellery for a value of Rs.22 lacs as petitioner connected with respondent no.2 as a commission agent in connection with the trade of gold jewellery . Hence the aforementioned FIR was 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 the Settlement Deed dated 3.6.2019. 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 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.389/2016, under Sections 406 IPC, registered at Police Station- Karol Bagh, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J MARCH 04, 2020/ib