High Court of DelhiW.P.(CRL)/3665/2023

Pushpa Gaba & ORS. v. State Of NCT Of Delhi & ORS.

2024-08-21Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~80 & 82 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2545/2024, , CRL.M.A. 24852/2024 MR. ANIL KUMAR AND ORS .....Petitioners Through:

Mr.

R.K.Mohit Gupta, Advocate alongwith petitioners in person.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sanjeev Bhandari, ASC (Crl.) with Ms.Charu Sharma, Mr. Arjit Sharma and Mr.

Vaibhav Vats, Advocates.

Mr. Dhanesh Relan and Mr. Jatin Bhatia, Advocates for R-2 with Insp.Sunil Kumar, P.S.Prashant Vihar.

+ W.P.(CRL) 3665/2023, CRL.M.A. 34110/2023 PUSHPA GABA & ORS.

.....Petitioners Through:

Mr.Dhanesh Relan and Mr.

Jatin Bhat, Advocates.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC (Crl) with Mr. Alok Sharma and Mr. Vasu Agarwal, Advocates for the State with SI Sudeep, P.S.Prashant Vihar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.08.2024 CRL.M.A. 24853/2024(exemption) in W.P.(CRL) 2545/2024 1.

Allowed, subject to just exceptions.

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

Application disposed of.

W.P.(CRL) 3665/2023 3.

The present petitions under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of FIR bearing No. 0545/2021, registered at Police Station Prashant Vihar, Delhi, for offences punishable under Sections 420/406/120B of the Indian Penal Code, 1860 ('IPC') & FIR bearing No. 0593/2022, registered at Police Station Prashant Vihar, Delhi, for offences punishable under Sections 420/34 of the Indian Penal Code, 1860 ('IPC'). 4.

Issue notice. Learned ASC accepts notice on behalf of the State. 5.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties. Initially, the disputes arose from an Agreement to Sell and the disputes are now amicably settled and the documents have been duly executed. It is stated that on 01.08.2024, both the parties amicably settled all the disputes vide the Settlement Deed before the Delhi High Court Mediation and Conciliation Centre. 6.

The petitioners and the respondent No. 2 are present in person before this Court today, and have been identified by their counsel and Investigating Officer concerned. Mr. Hemant Gaba is present on behalf of tthe three petitioners in W.P.(CRL) 3665/2023. M/S KIOS INFRATECH PROJECTS PVT. LTD. is represented by Mr. Nakul Manuja, who is the Authorizzed Representative of M/S KIOS INFRATECH PROJECTS PVT. LTD. 7.

Today, the complainant who is present in Court states that he has no objection if the FIR is quashed. All the parties state that they shall remain bound by the terms of the Settlement.

In view of the above facts, whereby the parties have amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

resolved their differences out of their own free will and without any coercion, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

Accordingly, FIR bearing No. 0545/2021, registered at Police Station Prashant Vihar, Delhi, for offences punishable under Sections 420/406/120B of the Indian Penal Code, 1860 ('IPC') & FIR bearing No. 0593/2022, registered at Police Station Prashant Vihar, Delhi, for offences punishable under Sections 420/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom, are quashed. 10.

The petitions along with the pending Applications stands disposed of. NEENA BANSAL KRISHNA, J AUGUST 21, 2024/RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.