Ankur Goel v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th June, 2020 + CRL.M.C. 1460/2020 (URGENT) ANKUR GOEL ..... Petitioner Through Mr.Pritish Sabharwal, Adv. with petitioner in person through VC.

Versus

STATE & ANR.

..... Respondents Through Mr.Amit Chadha, APP for State.

Mr.Sanjeev Sharma, Adv. for R-2 with R-2 in person through VC.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl. M.A. 8197-98/2020 (Exemption) 1.

The hearing has been conducted through video conferencing. 2.

Allowed, subject to all just exceptions.

3.

Applications are disposed of.

Crl.M.A. 8196/2020 4.

In view of the reasons stated in the present application, the application is allowed and disposed of.

5.

Consequently, with the consent of counsel for the parties, Crl.M.C 1460/2020 is taken up for final disposal.

CRL.M.C. 1460/2020 & Crl.M.A. 5703/2020 6.

Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.150/19 dated 02.09.2019, registered at PS - Special Cell for the offences punishable under section 419/420/120-B/34 IPC and all other proceedings arising therefrom.

7.

The present petition is filed based upon the compromise deed dated 17.03.2020 which is on record whereby stated that petitioner/accused pursuant to the aforesaid compromise has already paid an amount of Rs.17 lacs in favour of Christian Louboutin India and respondent no.2/complainant is the authorised representative of the same and she is satisfied with the amount paid in favour of the said company and has given No Objection Certificate for quashing of the aforementioned FIR. 8.

Respondent No.2/complainant is personally present in Court through video conferencing and she has been identified by Mr.Sanjeev Sharma, counsel for the respondent no.2/complainant and submits that matter has been settled and she does not wish to prosecute the matter any further. 9.

Petitioner and authorised representative of respondent No.2 have entered into an amicable settlement vide compromise deed dated 17.03.2020 which is on record.

10.

Keeping in view the settlement arrived at between the parties out of the Court and the fact that amount has already been paid and complainant has no objection if the present petition is allowed, therefore, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

11.

For the reasons afore-recorded, FIR No.150/19 dated 02.09.2019, registered at PS - Special Cell for the offences punishable under section 419/420/120-B/34 IPC and all other proceedings arising therefrom are quashed.

12.

The petition is, accordingly, allowed and disposed of. 13.

Pending application stands disposed of.

14.

Since the FIR in question has been quashed by this Court, therefore, IO of the case is directed to release the case property to the petitioner/ accused.

15.

The date already fixed i.e. 14.08.2020 stands cancelled. 16.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email. (SURESH KUMAR KAIT) JUDGE JUNE 25, 2020/ab