Devender Kumar@ Vishal Tyagi & ORS v. The State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1371/2019 DEVENDER KUMAR@ VISHAL TYAGI & ORS ..... Petitioners Through Mr Narender Kumar, Advocate.

versus THE STATE & ORS ..... Respondents Through Mr Narender Kumar, Mr Rakesh Sharma, Advocates for R1, 2 and 3.

Mr Naween Kumar, Mr Tanay Gupta, Advocate for R1,3 & 5.

SI Anand Singh, Spl. Staff, NWD D-521 present.

Mr Arun Aggarwal son of Mr Munna Lal Agarwal present in court.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 0476/2019 under Sections 419/420/468/471/120-B/34 of the IPC registered with PS Maurya Enclave and all proceedings emanating therefrom, be quashed.

2.

The present petition is premised on a settlement arrived at between the petitioners and respondent nos. 3 to 5 on one part and respondent no.2 on the other part. A copy of the said settlement deed dated 07.12.2018 is annexed with the petition.

3.

The said FIR was registered at the instance of respondent no.2. His son, Mr Arun Aggarwal, is present in Court and is identified by the Investigating Officer. Mr Arun Aggarwal states that he is duly authorized to make statement on behalf of his father, who has been unable to come to Court, as he is of an advanced age of eighty-eight years. 4.

He confirms that his father has resolved all the differences and disputes with the petitioners and respondent nos. 3 to 5 and thus, does not wish to pursue the FIR in question. He joins the petitioners in praying that the FIR in question be quashed.

5.

The petitioners and respondent nos. 3 and 5 are present in Court. The petitioners are identified by their counsel and respondent nos. 3 and 5 are identified by the IO. They state that Mr Vishal Verma, respondent no.4, is currently unavailable and request that his presence may be dispended with. The petitioners and respondent nos. 3 and 5 confirm that they, as well as respondent no. 4, have resolved all their disputes with respondent no.2. 6.

In view of the statements made by or on behalf of the concerned parties (petitioners and respondent nos. 2, 3 & 5), this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No.

0476/2019 under Sections 419/420/468/471/120-B/34 of the IPC registered with Police Station Maurya Enclave and all proceedings emanating therefrom, are quashed. 8.

The concerned parties (petitioners and respondent nos. 3 and 5 and Mr Arun Aggarwal, son of respondent no.2) shall sign this order as an

acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 16, 2020 pkv