Gurjit Aulakh And Other v. State NCT Of Delhi
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8231/2023 & CRL.M.A. 30619/2023 GURJIT AULAKH AND OTHER ..... Petitioners Through:
Mr.Sumeet Raj and Ms. Ekta Gaur, Advocates with petitioners in person.
versus STATE NCT OF DELHI ..... Respondent Through:
Mr. Laksh Khanna, APP for State with SI Rish Kant Mishra PS Vasant Kunj North, New Delhi.
Respondent No.2 through VC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 29.01.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0153/2019 registered under Section 420/34 IPC at Police Station Vasant Kunj North, Delhi on the ground that the parties have amicably settled their disputes.
2.
The present FIR has been lodged at the instance of the complainant/respondent No. 2 against the present petitioners alleging that a fraud has been committed by the petitioners for Rs.1 lac. 3.
Learned APP for the State, on instructions, submits that as per the amended memo of parties the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. 4.
Learned counsel for the petitioners submits that the parties have entered into a settlement vide Settlement Deed cum Receipt dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
18.09.2019 (Annexure P-3). It is submitted that the present FIR arises out of a private dispute between the parties. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioner. 5.
Respondent No. 2, who has joined the V.C. proceedings is identified by the Investigating Officer/ SI Rish Kant Mishra PS Vasant Kunj North, New Delhi. She states that he has entered into the aforesaid settlement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.
6.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
7.
The parties shall remain bound by the statements made in Court today.
8.
In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR is hereby quashed, subject to payment of cost of Rs.10,000/- by the petitioner, with the Delhi State Legal Services Authority ('DSLSA') within two weeks from today.
9.
Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.
10.
With the above directions, the petition is disposed of alongwith pending application.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
The matter be listed before the Court in case the receipt of cost is not placed on record.
12.
The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J JANUARY 29, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.