Javed Alam & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1584/2016 JAVED ALAM & ORS ..... Petitioners Through:

Mr. Vivek Sood, Sr. Adv. with Mr.

Rajesh Arora, Adv.

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

Mr. Sanjay Lao, ASC for State with SI Binay Kumar, EOW.

Mr. Rakesh Kumar, Adv. for R-2 along with Mr.

Jaswinder Singh Lamba, Authorised Signatory of R-2 in person .

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.08.2016 Petitioner nos. 1 to 3 are directors of petitioner no. 4. Respondent no.2/complainant lodged the present FIR No. 76/2012 under Sections 420/406/120-B IPC at Economic Offence Wing alleging therein that petitioners had sold four plots, as mentioned in the FIR, to the complainant for a total sale consideration of `10,42,50,000/-. Complainant alleged that the said plots were sold by the petitioners claiming ownership right through MOU and GPA which were forged documents. It is noted that investigations are still pending and charge-sheet is yet to be filed. Petitioners and respondent no.2 have now settled their disputes before the Mediation Centre, Saket Court on 24th March, 2015 on the terms and

conditions as stipulated in the Agreement, photocopy whereof has been placed on record at pages 26 to 40. Mr. Jaswinder Singh Lamba, Authorised Signatory of respondent no.2, who is present in Court, admits having settled the matter with the petitioner before the Mediation Centre. He further submits that settled amount of `1,37,50,000/- has been received by the respondent no.2.

Affidavit of Mr. Jaswinder Singh Lamba has also been placed on record as Annexure P-6.

In view of the settlement arrived at between the parties, respondent no.2 has no objection in case FIR in question is quashed.

Keeping in mind that the parties have settled disputes before the Mediation Centre, inasmuch as, transaction is of commercial nature and investigations are still pending, in the interest of justice, FIR No. 76/2012 under Sections 420/406/120-B IPC registered at Economic Offence Wing is quashed, subject to costs of `25,000/- to be deposited by each of the petitioners with the Bar Council of Delhi Advocates Welfare Fund within four weeks. Receipts be produced before the Investigating Officer. Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

AUGUST 19, 2016/ga