Naresh Kumar v. The State NCT Of Delhi & ORS.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1259/2020 NARESH KUMAR ..... Petitioner Through:

Mr S. S. Drall and Mr Pankaj Gupta, Advocates.

versus THE STATE NCT OF DELHI & ORS.

..... Respondents Through:

Mr Amit Peswani, Advocate for Ms Nandita Rao, ASC for State with SI Sandeep Singh, PS Lahori Gate.

Mr Ravin Rao, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.08.2020 [Hearing held through video conferencing] 1.

The petitioner has filed the present petition, inter alia, praying that FIR No.0182/2019 under Section 409 of the IPC, registered with PS Lahori Gate and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. He had stated that he and his son (respondent no.3) are engaged in the business of trading in pulses under the name and style of the propertorship concerns, M/s Navetia Trading Company and M/s Lucky Brothers. He had alleged that the petitioner had approached them to engage him as an agent for dealing in pulses. He alleged that the petitioner had taken goods from respondent nos.2 and 3 and had further sold them to purchasers but had not remitted the Signed By:DUSHYANT RAWAL Location:

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money collected from them.

3.

Respondent no.2 has joined the proceedings. He states that he is also authorised to make statement on behalf of respondent no.3. Respondent no.2 is identified by the Investigating Officer. Respondent nos.2 states that they (respondent no. 2 and 3) have no grievances against the petitioner and have settled their disputes in terms of the Settlement Deed dated 27.11.2019 entered into before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. In terms of the said settlement, the respondent nos.2 and 3 had agreed to accept a sum of ₹10 lakhs as full and final settlement of all their claims. Respondent no.2 acknowledges that they have since received the entire amount and have no grievances or claims against the petitioner. They join the petitioner in praying that the FIR in question be quashed. 4.

The petitioner has also joined the proceedings and identified by his counsel. He also states that he has no grievances or claims against respondent nos.2 and 3.

5.

In view of the above, the present petition is allowed and the FIR No.0182/2019 under Section 409 of the IPC, registered with PS Lahori Gate and all proceedings emanating therefrom, are quashed. VIBHU BAKHRU, J AUGUST 19, 2020 MK Signed By:DUSHYANT RAWAL Location:

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