Riaz Beg & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9893/2024 & CRL.M.A. 37885/2024 RIAZ BEG & ORS.

.....Petitioner Through:

Mr. R.K. Handoo and Mr. Aditya Chaudhary, Advs.

versus THE STATE GOVT. OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Aman Usman, APP for State with Insp. Surender Kumar, PS EOW.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 17.12.2024 1.

This petition has been filed seeking quashing of FIR No. 166/2017, under Sections 406/420/467/468/471/120B IPC, P.S: EOW on the basis of a settlement arrived at between the parties on 28th November 2024, which is on record of this Court.

2.

Petitioner Nos.1-2 and respondent No.2/complainant are present in Court and duly identified by the IO. Petitioner No.3 is represented through Power of Attorney, since he is presently in Dubai. 3.

As per the settlement, an amount of Rs.35 Lacs is being tendered vide DD No.027783 drawn on Axis Bank Ltd., which is handed over to respondent No.2, who has received it in Court and acknowledges the same. 4.

Respondent No.2 states that he has no objection to the quashing of the said FIR.

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 19/12/2024 at 12:56:33

5.

The issue arose out of a business transaction which was not complied with, by the petitioner. The parties have decided to amicably settle their disputes.

6.

The APP for the State has stated that there are other matters registered against the said petitioner.

7.

Needless to state, this FIR is being quashed on the basis of the specific settlement arrived at with the respondent No.2/complainant and will have no bearing on other proceedings.

8.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 166/2017, under Sections 406/420/467/468/471/120B IPC, P.S: EOW and proceedings emanating therefrom, are quashed.

9.

Parties shall abide by the terms of settlement. 10.

Petitioner will deposit a cost of Rs. 50,000/- to the Secretary, Saket Bar Association Welfare, District Courts Complex, Saket, New Delhi, SBI, A/c No. 32895685000, IFSC SBIN0014244; to be deposited within the next two weeks.

11.

An affidavit of compliance will be filed within two weeks thereafter. 12.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

13.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 17, 2024/MK/na 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 19/12/2024 at 12:56:33