Hardip Singh v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1728/2018 HARDIP SINGH ..... Petitioner Through Mr. Sarvagya Sharma, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

Respondent No.2 in person.

SI Kamlesh Kumar, PS Rajinder Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 03.05.2018 CRL.M.C. 1728/2018 1.

The petitioner seeks quashing of FIR No.47/2017 under Sections 420 IPC, Police Station Rajinder Nagar. 2.

The subject FIR was registered consequent to a business transaction between the parties. It is alleged that there were certain business transactions, for settlement of part of which, cheques of approximately Rs.11 lakhs were given, which were dishonoured and proceedings under Section 138 Negotiable Instrument Act, 1881 were initiated.

3.

Parties were referred to mediation and a settlement has been arrived at between the parties on 05.08.2017 before the Mediation Centre, Tis Hazari Courts, Delhi.

As per the settlement, the respondent No.2 was to withdraw the proceedings under Section 138 CRL.M.C. 1728/2018

of Negotiable Instrument Act.

It is confirmed that he has also withdrawn the same. A total amount of Rs.31,62,000/- was agreed to be paid to the respondent No.2 in full and final settlement of all claims.

4.

Respondent No.2 is present in person and is identified by the Investigating Officer. He confirms that he has received the entire amount of Rs.31,62,000/- from the petitioner. He submits that he has settled the disputes with the petitioner and does not wish to press the complaint any further and he has no objection to the quashing of the subject FIR.

5.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom. 6.

In view of the above, FIR No.47/2017 under Sections 420 IPC, Police Station Rajinder Nagar and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. MAY 03, 2018/st SANJEEV SACHDEVA, J CRL.M.C. 1728/2018