Deepak Kumar Pandey & ANR v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1220/2016 & Crl.M.A.6383/2016 (Stay) DEEPAK KUMAR PANDEY & ANR ..... Petitioners Through :

Mr. Subodh Kumar Pathak, Adv. with P-1 in person.

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

Ms. Mallika Parmar, Adv. for Ms.

Richa Kapoor, ASC with SI Avesh Kumar PS Vivek Vihar.

Mr. Deepak Thukral, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.08.2016 Respondent no.2 is maternal uncle of petitioner no.1 and petitioner no.2 is friend of petitioner no.1. Respondent no.2 lodged the present FIR under Section 420 IPC alleging therein that he and petitioner no.1 were running a business in the name and style M/s Virtual Techmart Private Limited, which was registered under the Companies Act. He was having 90% share and petitioner no.1 was having 10% share. The said company was providing software relating technical services to various customers. In order to cause financial loss, petitioner no.1 opened a bank account in the

name of petitioner no.2 and transferred the money in the said account instead of depositing the same with the company. Petitioner no.1 and respondent no.2 have now settled their disputes amicably vide Settlement Deed dated 6th June, 2015.

Petitioner no.1 has paid `9,00,000/- to respondent no.2, receipt whereof has been admitted by respondent no.2, who is present in Court and has been identified by SI Avesh Kumar PS Vivek Vihar. Respondent no.2 submits that the present FIR may be quashed. It is noted that the investigations are at the initial stage. Keeping in mind the facts that petitioner no.1 and respondent no.2 are closely related to each other and want to maintain harmonious relations in future and have settled the matter amicably, in the interest of justice, the present FIR No.1007/2014 under Section 420 IPC registered at police station Vivek Vihar is quashed.

Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

AUGUST 09, 2016/dk