Ajay Kumar Bansal & ANR. v. State Govt Of NCT Of Delhi & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 63/2024 AJAY KUMAR BANSAL & ANR.

..... Petitioners Through:

Mr.Hardik Rupal, Mr.Tushar Mahajan, Advs.

alongwith petitioner in person.

versus STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Shoab Haider, APP alongwith Insp. Vikas Pannu.

Mr.Sharan Mehta, Adv. for R2.

Mr.Miloon Kothari, R-2 in person (VC).

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 04.01.2024 CRL.M.A. 247/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 63/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 391/2020, registered at Police Station: Hazarat Nizamuddin, South-East District, Delhi under Section 420 of the Indian Penal Code, 1860 (in short, 'IPC'), on the ground that the parties have amicably settled their disputes and have executed a Settlement Agreement dated 27.09.2023. 3.

The learned counsel for the petitioners has handed over a 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 06/05/2024 at 15:15:13

Demand Draft for an amount of Rs.35 lac to the learned counsel for the respondent no.2. The learned counsel for the respondent no.2 has handed over to the learned counsel for the petitioners, four security cheques as stipulated in the Settlement Agreement mentioned above. 4.

The respondent no.2, who appears virtually and has been identified by his counsel as also the concerned Investigating Officer, also affirms the settlement.

5.

The learned counsel for the petitioners states that the petitioners undertake that they shall deposit with the Delhi High Court Advocates Welfare Fund costs of Rs.30,000/- within a period of four weeks from today. Proof of such deposit be placed before the Registry of this Court and a copy of the same be also handed over to the Investigating Officer.

6.

In view of the above and in light of the judgment of the Supreme Court in Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641, the petition is allowed. Accordingly, FIR 391/2020, registered at Police Station Hazarat Nizamuddin, South-East District, Delhi under Section 420 of the IPC and all the proceedings emanating therefrom, stand quashed, subject to payment of the above costs.

7.

Parties shall abide by the terms of settlement. 8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 4, 2024/Arya/RP Click here to check corrigendum, if any 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 06/05/2024 at 15:15:13