Amit Kumar v. State And Others

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2556/2020 & CRL.M.A. 18122/2020 AMIT KUMAR ..... Petitioner Through:

Mr. Mohit Mathur, Senior Advocate with Mr. Mayank Wadhwa, Mr.

Harsh & Ms.

Muskan Gupta, Advocates.

versus STATE AND OTHERS ..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State.

Inspector Sanjay Kumar, EOW.

Mr. Kapil Sankhla, Mr. Akhilesh Agarwal, Mr. Gopesh Jindal & Mr.

Hanish, Advocates.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 09.01.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner praying for quashing of FIR bearing No. 0200 dated 17.11.2020 registered at Police Station Economic Offence Wing (EOW) for offences punishable under Section 409, 420 and 120B of the Indian Penal Code, 1860 ('IPC'). 2.

Issue notice. Mr. Naresh Kumar Chahar, learned APP for the State accepts notice.

3.

Petitioner is present through video-conferencing and has been identified by his counsel and Investigating Officer (IO) Inspector Sanjay The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Kumar from Police Station EOW, Delhi.

4.

Brief facts of the case are that the petitioner herein is an ex-employee of respondent no. 6, appointed in the year 2012, and resigned from respondent no. 6 in the year 2012. The petitioner was working in the capacity of employee and acting as per the instruction of the officials/management of the respondent no. 6. The impugned FIR has been registered at the hands of respondent no. 2 by completely abusing the process of law and harassing the petitioner so as to extract illegal monetary gains from the petitioner. It is pertinent to mention here that the petitioner has nothing to do with the operations and day to day affairs of the respondent no. 6 company.

5.

On a query made by this Court, the complainant who is present before this Court in-person states that another complaint of defamation has been allegedly filed by the petitioners Learned counsel for the petitioner however states that in case such a complaint has been filed, the same will stand withdrawn, since the matter stands compromised. 6.

In view of the facts of the present case, this Court is of the opinion that no useful purpose will be served by continuing with the proceedings as the parties have amicably resolved their differences out of their own free will, and without any coercion. Rather the same would create further acrimony between them. It would therefore be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing no. 0200 dated 17.11.2020 registered at Police Station Economic Offence Wing (EOW) for offences punishable under Section 409, 420 and 120B of the IPC and all consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom are quashed.

8.

It is also clarified that in case any complaint stands filed from the petitioner's side, the same will be deemed to be withdrawn. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 9, 2024/at 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.