M. Zahid Siddiqui v. State & ANR.

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1120/2019 M. ZAHID SIDDIQUI & ANR.

..... Petitioners Through:

Mr Asim Naeem and Mr Sidharth, Advocates along with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr Karan Jeet Rai Sharma, Advocate for Ms Kamna Vohra, ASC for State.

SI Rahul Kochar, PS Subzi Mandi.

Mr M.M. Khan, Mr Wasim Akram and Md. Saddam Husain, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 111/2016 under Sections 420/468/471 of the IPC registered with PS Subzi Mandi and all proceedings emanating therefrom, be quashed. 2.

The present petition is premised on a settlement arrived at between the petitioners and respondent no.2.

Mr Ankit Gupta, Authorised Representative of respondent no.2 is present in Court. He is also the Director of the respondent no.2 company.

He states that the disputes with the petitioner were settled in terms of the Settlement Agreement dated 02.12.2016 arrived at before the Delhi High Court Mediation and

Conciliation Centre. A copy of the said agreement has been annexed to the petition. Mr Ankit Gupta confirms that in terms of the aforesaid agreement, respondent no.2 had agreed to receive a sum of ₹60,00,000/- in full and final settlement of all its claims. He acknowledges that respondent no.2 had already received a sum of ₹52,00,000/- and with the receipt of the balance amount of ₹8,00,000/-, all claims of respondent no.2 would be settled. 3.

The petitioner has today handed over a Manager's Cheque made by HDFC Bank for a sum of ₹8,00,000/-. A photocopy of the said cheque has been handed over to this Court and is taken on record. 4.

Mr Ankit Gupta has accepted the aforesaid cheque on behalf of respondent no.2 in full and final settlement of all its claims. He states that respondent no.2 has no grievance against the petitioners and joins the petitioners in praying that FIR in question be quashed. 5.

Petitioner no.1 is present in Court and is identified by his counsel. Petitioner no.1 is also an Authorised Representative of petitioner no.2. He also confirms that all disputes and differences of respondent no.2 stand resolved.

6.

In view of the statements made on behalf of petitioner no.1 and respondent no.2, this Court considers it apposite to allow the present petition.

7.

Accordingly, the FIR in question (FIR bearing no. 111/2016 under Sections 420/468/471 of the IPC registered with PS Subzi Mandi) and all proceedings emanating therefrom, are quashed.

8.

Petitioner no.1 and Mr Ankit Gupta shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 13, 2020 RK