Udesh Kumar & ORS v. State & ANR

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1323/2016 UDESH KUMAR & ORS ..... Petitioners Through :

Mr. Sanjay Goswami, Adv.

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

Mr. R. S. Kundu, ASC and Mr. Ankit Gulia and Mr. Kranti Bhandari, Advs.

with SI Krishan Gopal PS Palam Village.

Mr. A. K. Pandey, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.07.2016 Petitioners have prayed for quashing of the FIR No.79/2016 under section 420/405/406/506/465/467/468/120-B IPC registered at police station Palam Village on the complaint of respondent no.2. A perusal of the FIR shows that disputes revolve around one unit booked by respondent no.2 in the 'Vardhman Star Shoping Mall Multiplex' for `17,92,800/-. Disputes arose on the point of amounts paid from time to time by the respondent no.2 to M/s. Vardhman Properties Limited, of which petitioner no.2 is the director.

Petitioner no.1 is one of the employees of the said company. Dispute was with regard to payment of `12 Lakhs, which respondent no.2 alleged to had paid in cash to respondent no.1. It is further pointed out that

respondent no.2 had also approached the District Consumer Disputes Redressal Forum in the year 2013 in respect of the same property. It is submitted that parties have now settled their disputes vide settlement deed dated 19th April, 2016.

In terms of the settlement, petitioners have paid entire settled amount of `15 Lakhs to respondent no.2. Respondent no.2 is present in Court along with his counsel and has been identified by IO SI Krishan Gopal PS Palam Village. He admits that the matter has been settled with the petitioners and entire settled amount has been received.

He submits that he is not willing to pursue the FIR any further.

Keeping in mind the fact that the parties have settled their disputes amicably and also the fact that disputes are civil in nature, in the interest of justice, the FIR No.79/2016 under Sections 420/405/406/506/465/467/468/ 120-B IPC registered at Police Station Palam Village and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JULY 20, 2016/dk