High Court of DelhiW.P.(CRL)/221/2017

Omkar Rastogi & ANR. v. State & ANR.

2017-01-24Hon'Ble Mr. Justice A.K. Pathak2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 221/2017 OMKAR RASTOGI & ANR.

..... Petitioners Through : Mr. Ankit Aggarwal, Adv.

versus STATE & ANR.

..... Respondents Through :Ms. Nandita Rao, ASC with Mr.

Srilina Roy, Adv.

and SI Jagbir Singh, P.S. Karol Bagh for the State Mr.

Nitin Ahlawat, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.01.2017 Crl. M.A. No. 1386/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 221/2017 On the oral prayer made by the learned counsel for petitioners, Dilip Churania and Saurav are impleaded as respondent nos. 3 and 4. Amended memo of parties be filed during the course of the day. It is submitted that petitioners and respondent no. 2 were having business dealings. Disputes arose between the petitioners and respondent no. 2 from the business dealings of jewellery, which resulted in registration

of the present FIR No. 372/2016 under Sections 406/34 IPC at Police Station Karol Bagh on the complaint of respondent no. 2. It is submitted that respondent no. 2 and petitioners have settled their disputes amicably vide an Agreement dated 21st December, 2016. Respondent no. 2 is present in Court along with his counsel. He submits that he is not willing to pursue the FIR any further, in view of the settlement arrived at between him and the petitioners.

He further submits that respondent nos. 3 and 4 had simply introduced him to the petitioners and he is not having any grievance against the respondent nos. 3 and 4 as well and FIR may be quashed against all the accused.

Keeping in mind the settlement arrived at between the parties and that the respondent no. 2 is not willing to pursue the FIR any further, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No. 372/2016 under Sections 406/34 IPC registered at Police Station Karol Bagh and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JANUARY 24, 2017 rb