Mohit Khanna Alia Monty & ORS v. The State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1647/2019 MOHIT KHANNA ALIA MONTY & ORS ..... Petitioners Through Mr Karanpreet Singh, Advocat.

versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr Rajesh Mahajan, ASC for State.

SI Pukhraj, P.S. Prashant Vihar present.

Mr Kuljeet Singh Sachdeva, Advocate for complainant Mr Gaurav Jain.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.09.2019 1.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 0618/18 under Section 420/406 IPC registered at PS Prashant Vihar, Delhi be quashed.

2.

The said FIR was registered at the instance of respondent no.2 alleging that he had paid a sum of ₹36,00,000/- (Rupees Thirty Six Lakhs Only) to the petitioners for arranging foreign exchange for purchase of certain hardware.

3.

The learned counsel appearing for the State states that the said FIR

was lodged at the instance of respondent no.2, who was holding the office of the Managing Director of M/s Geonix International Private Limited. Respondent No.2 is present in Court and he confirms that he is the Managing Director of M/s Geonix International Pvt. Ltd. and has full authority to act on its behalf. He also states that he has settled all disputes with the petitioners. He also states that M/s Geonix International Pvt. Ltd. shall also abide with the said settlement.

4.

The Memorandum of Settlement has been placed on record which indicates that the parties have settled their disputes. In terms of the said settlement, the petitioners have paid a sum of ₹7,50,000/- (Seven Lakhs Fifty Thousand Only) to the respondent no.2.

5.

Admittedly, the transaction was commercial in nature. In view of the statement made by respondent no.2, that M/s Geonix International Pvt. Ltd. does not wish to pursue the present FIR lodged against the petitioners and in view of the settlement arrived at between the parties, this Court considers it apposite to accede to the petitioners' prayer for quashing of the said FIR in the interest of justice.

6.

The present petition is allowed and the FIR No. 0618/18 under Section 420/406 IPC registered at PS Prashant Vihar, Delhi and all other proceedings emanating therefrom, are quashed. 7.

The Investigating Officer has identified respondent no.2 and the petitioners have been identified by the counsel appearing on their behalf. Both the parties shall sign the present order in acknowledgement of their

statements recorded herein.

8.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J SEPTEMBER 02, 2019 pkv