Neelam Tewari v. Harvin Infratech Private Limited & ORS.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4312/2023 & CRL.M.A. 16195/2023 NEELAM TEWARI .....Petitioner Through:

Mr. Jitender Vashisht, Advocate.

versus HARVIN INFRATECH PRIVATE LIMITED & ORS.

.....Respondents Through:

Ms. Manshi Gupta, (Through VC).

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 30.09.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (currently Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed by the petitioner praying for quashing the Criminal Complaint bearing CC No.6863/2016 titled as M/s. Harvin Infrastructure Pvt. Ltd. versus M/s. K. W. International Holding Pvt. Ltd. & Ors. filed under Sections 138/141/142 of the Negotiable Instruments Act, 1881 (hereinafter as "NI Act") which is pending before the learned Metropolitan Magistrate, NI Act-05, West District, Tis Hazari Courts, Delhi.

2.

The petitioner is present before this Court via video conferencing and has been identified by his counsel Mr. Jitender Vashisht. The respondent no. 1/ director of the company is also present before this Court via video conferencing and has been identified by his counsel Ms. Manshi Gupta. 3.

On the query made by this Court, respondent no. 1 has categorically 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 05/10/2024 at 10:46:47

stated that he has entered into compromise on his own free will and without any pressure. It is also stated by the respondent no. 1 that the entire dispute has been amicably settled between the parties. 4.

It is prayed by the learned counsel for the parties that in terms of the settlement agreement dated 27th August, 2024 at Delhi High Court Mediation and Conciliation Centre, Delhi High Court, the Criminal Complaint bearing CC No.6863/2016 titled as M/s. Harvin Infrastructure Pvt. Ltd. versus M/s. K. W. International Holding Pvt. Ltd. & Ors may be quashed as per the findings of the Hon'ble Supreme Court in the case of Ghanshyam Gautam & Anr. vs. Usha Rani (since deceased) through L.Rs., Special Leave to Appeal (Crl.) No. 3289/2018. 5.

Heard learned counsel for the parties and perused the record. 6.

In the instant case, since the matter stands amicably settled between the petitioners and respondent No.1 without any pressure, no fruitful purpose would be served by keeping the matter pending. Hence, in terms of the settlement agreement the Criminal Complaint bearing CC No.6863/2016 titled as M/s. Harvin Infrastructure Pvt. Ltd. versus M/s. K. W. International Holding Pvt. Ltd. & Ors. filed under Sections 138 and 141/142 of the NI Act which is pending before the learned Metropolitan Magistrate, NI Act05, West District, Tis Hazari Courts, Delhi and consequent proceedings emanating therefrom are quashed.

7.

The petition stands disposed of.

CHANDRA DHARI SINGH, J SEPTEMBER 30, 2024 Rk/mk 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 05/10/2024 at 10:46:47