Sanjay Shriwastav v. State & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3785/2023 & CRL.M.A. 14229/2023 SANJAY SHRIWASTAV ..... Petitioner Through:

Mr.L.K Giri, Ms.Saroj, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr.Aman Usman, APP with IO.

Mr.Ashutosh Kr. Mishra, Adv.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of the FIR No.441/2005 registered at Police Station: Connaught Place, New Delhi under Sections 419/420/467/468/471/120-B of the Indian Penal Code, 1860 (in short, 'IPC').

2.

It is alleged that the predecessor of the respondent no.2, on whose complaint the FIR was registered, has already settled the disputes with the main accused, and on the basis of a Memorandum of Understanding dated 02.11.2006, the FIR qua accused nos.1, 2 and 3 was quashed by the order dated 22.01.2016 passed by this Court in Crl. M.C.1058/2013, titled Jugal Kishor Bhartiya & Ors v. State NCT of Delhi & Ors.

3.

The learned counsel for the respondent no.2 does not oppose the present petition and submits that the disputes between the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:16:39

and respondent no.2 have been amicably settled. Reference is also made to the order dated 08.11.2023 passed by this Court in Crl. M.C. 4805/2022 titled Ashok Kumar Sharma and Anr v. The State of GNCT of Delhi and Anr and Crl. M.C.3785/2023 titled Sanjay Shriwastav v. State and Anr., wherein this court had recorded similar submission made even on behalf of the counsel for the ICICI Bank. 4.

Keeping in view the settlement of the disputes between the parties and the principles enunciated by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, I find that no useful purpose would be served in continuing with the criminal proceedings as continuing the same would be an unnecessary burden on the State exchequer. 5.

Accordingly, FIR No.441/2005 registered at Police Station: Connaught Place, New Delhi under Sections 419/420/467/468/471/120-B of the IPC, along with all other proceedings emanating therefrom, qua the petitioner are quashed. 6.

The petition is allowed in the above terms 7.

The pending application is rendered infructuous and is accordingly disposed of.

NAVIN CHAWLA, J JANUARY 11, 2024/Arya/am Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:16:39