Mr. Vinay Holiday R & ORS. v. State Govt. Of NCT Of Delhi & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8663/2023 MR. VINAY HOLIDAY R & ORS.

..... Petitioners Through: Mr.Vishesh Issar, Advocate with petitioners in person versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through: Ms.Kiran Bairwa, APP for State with Insp. Randheer Kr. Ravi Mr.Vardaan Bhatia, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 170/2018 registered under Sections 420/34 IPC at P.S. Civil Lines, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners being directors of the company namely M/s Orijean Pvt. Ltd. approached M/s Tusker Dye Chem Pvt. Ltd. with the intention of working together and took goods on credit. However, they have failed the make appropriate payment and even extended death threats. It is noted that the FIR was registered by one Mr. Dhirendra Mishra, power of attorney holder of respondent No.2 (director of M/s Tusker Dye Chem Pvt. Ltd.).

3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim.

4.

Learned counsel for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding (MoU)/Settlement Agreement dated 02.05.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners. Learned counsel for respondent No.2 further states that the entire settlement amount has already been received.

5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No.2 states that he has entered into the aforesaid settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- to be deposited with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assistance.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

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 19, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.