Deipakk & ORS v. State Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1744/2014 DEIPAKK & ORS ..... Petitioners Through:

Mr.G.S. Chaturvedi, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Mukesh Kumar, APP for State Inspector Arun Verma, Sec-1/EOW Mr.Pankaj Tanwar, Adv. for R-2 to R-6 R-4 in person for himself and for R-2 & R-3 R-5 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.05.2017 CRL.M.C. 1744/2014 & Crl. M.A. 8256/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.242/2009, under Sections 409/406/120B IPC and Sections 3/4/5 of Prize Chit & Money Circulation Schemes (Banning) Act, 1978, registered at P.S. Economic Offences Railway Wing and all subsequent proceedings arising therefrom. Learned counsel for the petitioners submits that the present FIR has been registered on the basis of complaint of respondent Nos.2 to 6 that they have invested money with the petitioners. He further submits that the money invested by the respondents has been returned and nothing remains to be paid. He further submits that nothing further remains to be adjudicated, however, the present FIR is coming as hurdle in the peaceful life of the

present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.4 is present in person for himself and on behalf of respondent No.2 & 3 being their Attorney and respondent No.5 is also present in Court today and have been identified by the Investigating Officer, Inspector Arun Verma. They admit that they have settled all the disputes with the petitioners and all the invested amount has been returned and nothing further remains to be paid to them. They submit that they have no objection, if the FIR in question is quashed. Looking into the above facts and circumstances of the case, since the dispute has been amicably resolved and all the invested amount has been paid to the respondents and nothing further remains to be adjudicated between them, and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same.

Consequently, the FIR No.242/2009, under Sections 409/406/120B IPC and Sections 3/4/5 of Prize Chit & Money Circulation Schemes (Banning) Act, 1978, registered at P.S. Economic Offences Railway Wing and all subsequent proceedings arising therefrom are hereby quashed. The present petition and the accompanying application are disposed of accordingly.

Copy of this order be given dasti, as prayed. In view of the above, the date already fixed i.e. 27th September, 2017 stands cancelled.

I.S.MEHTA, J MAY 18, 2017/km