Jay Madhok Holdings Private Limited And ORS v. The State & ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 999/2016 JAY MADHOK HOLDINGS PRIVATE LIMITED AND ORS ..... Petitioners Through :

Mr. Vineet Malhotra and Mr. Vishal Gohri, Advs.

versus THE STATE & ANR ..... Respondents Through :

Ms. Richa Kapoor, ASC with SI Sushil Sanwaria PS Defence Colony.

Mr.

Mriganga Dutta, Mr.

Nasser Kabir and Mr. Pratim Pathak, Advs.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.08.2016 By way of the present writ petition under Article 226 of the Constitution of India, petitioners have prayed for quashing of the FIR No.54/2016 registered at police station Defence Colony under Sections 420/460 IPC on the complaint of respondent no.2. On 12th July, 2016, petitioners and respondent no.2 brought to the notice of Court that matter has been settled between petitioners and respondent no.2 and petitioner had agreed to pay `1,08,00,000/- as full and final settlement towards all its claims.

It was admitted by Mr. Rajiv Ranjan, Legal Officer of respondent

no.2 that `88,00,000/- had already been paid by petitioners as on 12th July, 2016. Learned counsel for petitioners had assured to pay balance `20,00,000/- by the next date of hearing, that is, today. Learned counsel for petitioners has handed over two demand drafts for the amount of `17,00,000/- and `2,00,000/- respectively to Mr. Dheeraj Mishra, GM (Legal) of respondent no.2. Photocopies whereof have been placed on record. `1,00,000/- has been paid in cash to Mr. Dheeraj Mishra, GM (Legal).

Learned counsel for respondent no.2, on instructions from Mr. Dheeraj Mishra, GM (Legal) of respondent no.2, submits that respondent no.2 has no objection if the present FIR is quashed since the entire settlement amount has been received.

It is further submitted by learned counsel for respondent no.2 that the complaint case bearing CC No.489/1/2016 titled as 'Kohler India Corporation Private Limited Vs.

Jay Madhok Holdings Private Limited and Ors.' filed by the respondent no.2 is pending before the Court of Learned MM-6, Patiala House Courts, New Delhi and said proceedings be also quashed in view of the settlement arrived at between the parties, as no disputes remain pending between the parties.

Keeping in mind the fact that the parties have settled their disputes,

inasmuch as, the settled amount has already been paid, no fruitful purpose would be served by keeping the criminal proceedings pending, more so disputes are private in nature.

Accordingly, the present FIR No.54/2016 registered at police station Defence Colony under Sections 420/460 IPC and the complaint case bearing CC No.489/1/2016 titled as 'Kohler India Corporation Private Limited Vs.

Jay Madhok Holdings Private Limited and Ors.' filed by respondent no.2 pending before the Court of Learned MM-6, Patiala House Courts, New Delhi, are quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

AUGUST 10, 2016/dk