High Court of DelhiW.P.(CRL)/454/2017

M/S Earth Buildprop Pvt Ltd & ORS v. State & ORS

2017-02-13Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~48.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 454/2017 M/S EARTH BUILDPROP PVT LTD & ORS ..... Petitioners Through:

Mr. Sunil Kumar Mittl, Mr. Vipin K.

Mittal, Mr.

Kshitij Mittal, & Ms.Vaishali Mittal, Advocates.

versus STATE & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel and Mr.Jamal Akhtar, Advocate for the State.

Mr. S. Rohit Kumar & Mr. Abhay Kumar Mishra, Advocates along with respondent No.3 in person, for respondents No.2 & 3.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 13.02.2017 The petitioners have filed the present petition seeking quashing of FIR No.132/2016 registered on the complaint of the complainant under Sections 420 IPC against the petitioners at Police Station - Barakhamba Road. The respondent No.3 is present in Court. Though, respondent No.2 is not present, his son/respondent No.3 is present in Court. However, the

affidavit of respondent No.2 is on record. He has authorised his brother/Mr. Ranbir Sharma, Advocate, who is also present in Court. The parties have arrived at a settlement on 30.01.2017, which has been placed on record. Under the settlement, the entire settlement amount has been tendered to the complainant in Court today by way of demand drafts. The authorised representative of the complainant states that the complainant has not been subjected to any pressure or coercion and that he has entered the settlement out of his own free will. The authorised representative of the complainant further states that he joins the prayer for quashing of the FIR in question.

Mr. Mittal states that to show their bona fide, the petitioners are ready & willing to deposit such costs as this Court may impose. Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The said FIR and the proceedings arising therefrom are quashed subject to the petitioner depositing Rs.10,000/- in the Prime Minister's National Relief Fund within two weeks. The receipt of deposit of the said costs be submitted to the IO concerned, only whereafter the FIR in question and the proceedings emanating therefrom shall be closed. Dasti.

VIPIN SANGHI, J FEBRUARY 13, 2017 B.S. Rohella