Ashish Marwah & ANR v. State (NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 972/2017 ASHISH MARWAH & ANR ..... Petitioners Through Mr.
Ashutosh Dubey, Mr.
Ajshri Dubey and Mr. Abhishek Chauhan, Advocates with petitioners versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with Insp. Randhir Singh from EOW Ms. Rhythm Gupta, Advocate with RCORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 20.07.2017 It is submitted that petitioner and the complainant have settled their disputes amicably vide memorandum of understanding dated 15.02.2017 and the Addendum Agreement dated 21.02.2017, therefore, FIR No. 17/2016 under section 420/406/506/34 IPC registered at PS Defence Colony on the complaint of respondent no.2 be quashed.
Respondent no.2 is present in Court along with his counsel. He has been identified by Insp. Randhir Singh, PS Defence Colony. Respondent no.2 admits having settled the matter with the petitioners vide memorandum of understanding dated 15.02.2017 and the
Addendum Agreement dated 21.02.2017 and the civil suit filed by respondent no.2 has also been settled. Out of settled amount of `1 crore, `80 lakhs has already been paid. For remaining balance of `20 lakhs petitioner have issued a post dated cheque to respondent no. 2. The cheque of `20 lakhs is dated 15.9.2017. Respondent no.2 submits that FIR may be quashed subject to encashment of the aforesaid cheque of `20 akhs.
Keeping in mind that the petitioner and complainant have settled their disputes, the aforementioned FIR is quashed subject to encashment of the aforesaid cheque.
In case the cheque is dishonoured the FIR shall stand revived.
Petition is disposed of in the above terms.
A.K. PATHAK, J JULY 20, 2017 gb