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High Court of DelhiCRL.M.C./3345/2022

M/S Anil Enterprises Through Proprietor Anil Gupta & ORS. v. The State Of NCT Of Delhi & ANR.

2024-05-15Hon'Ble Mr. Justice Navin Chawla2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3345/2022 & CRL.M.A. 14068/2022 M/S ANIL ENTERPRISES THROUGH PROPRIETOR ANIL GUPTA & ORS.

..... Petitioners Through:

Mr.Anil Gupta, petitioner no. 2 in person versus THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Varun.

Ms.Seema Gupta, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 15.05.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR no.165/2019, registered at Police Station: Hauz Qazi, for offence under Sections 406/415/420/34 of the Indian Penal Code (in short 'IPC') on a complaint filed by the respondent no.2. 2.

The petitioners claim that with the execution of 'One Time Settlement' (OTS) dated 06.01.2021, no useful purpose would be served with the prosecution of the present FIR, as the parties have already settled their inter se disputes. 3.

The learned counsel for the respondent no.2, on the other hand, draws my attention to the terms and conditions of the OTS as recorded in the letter dated 06.01.2021, in which one of the conditions is as under:

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 20/05/2024 at 11:34:04

"4.

Bank to continue legal course of action/ FIR proceedings with Police etc. against the borrower/mortgagor."

4.

The said express stipulation that the acceptance of the OTS by the respondent no.2 would not in any manner prejudice its rights to continue with the legal course of action including FIR, shows that the respondent no.2 never intended the OTS to be a full and final settlement of all its claims/complaints. The FIR therefore, cannot be quashed merely on the basis of an OTS/settlement having been arrived at.

5.

I, therefore, find no merit in the present petition. The same is accordingly, dismissed.

NAVIN CHAWLA, J MAY 15, 2024 RN 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 20/05/2024 at 11:34:04