Sanjay Kumar Tiwari & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

$~82 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6492/2024 SANJAY KUMAR TIWARI & ORS.

.....Petitioners Through:

Mr. M. Rais Farooqui and Ms. Iffat Fatima, Advs.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Aman Usman, APP for State with S.I. Pradeep Sharma, DIU, South East.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 17.01.2025 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.415/2011 under Sections 420/467/471/120B/34 IPC registered at Police Station Sun Light Colony, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

The petitioners, as well as, respondent no. 2/complainant are present in court and they have been identified by the Investigating Officer i.e. S.I. Pradeep Sharma.

3.

The brief facts of the case are that the aforesaid FIR was registered at the instance of the respondent no.2 wherein he alleged cheating against the petitioners.

4.

During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:47:52

Memorandum of Understanding (MOU)-Settlement Deed dated 20.07.2024, a copy of which is annexed as Annexure P3 to the present petition. 5.

It is the term of settlement that the petitioners shall pay a full and final settlement amount of Rs.4,57,000/- to the respondent no.2. The said amount is stated to have been paid to the respondent no.2. The respondent no.2, who is present in court, affirms the factum of settlement, as well as, receipt of full and final settlement amount. It is also a term of the settlement that the respondent no.2 shall cooperate in quashing of the aforesaid FIR. 6.

On a query posed by this court, the respondent no.2, who is present in court, states that he has no objection in case the FIR is quashed. 7.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

8.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed. 9.

Consequently, the petition is allowed and FIR No.415/2011 under Sections 420/467/471/120B/34 IPC registered at Police Station Sun Light Colony, Delhi and all consequential proceedings emanating therefrom, is quashed.

10.

The petition stands disposed of in the above terms. 11.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 17, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:47:52