Salman Latif & ANR v. State( Through CBI ) & ANR
33# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SALMAN LATIF & ANR ..... Petitioners Represented by:
Mr. Ramesh Gupta, Sr.
Advocate with Mr. Tanveer Ahmed Khan and Mr. Ajay Tushir, Advocates.
versus STATE( THROUGH CBI ) & ANR ..... Respondents Represented by:
Mr.Narender Mann, Spl. P.P.
for CBI with Mr. Manoj Pant, Advocate with Addl.S.P.
Satinder Bisht, EO-III/CBI.
Mr. Sheob Shakeel, Advocate for respondent No.2 with respondent No.2.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 28.08.2018 1.
By the present petition the petitioners Salman Latif and Sarfaraz Latif seek quashing of FIR No. 107/2015 registered at PS Economic Offences Wing and on transfer to CBI converted to RC No.221/2017/E0018 registered at CBI, New Delhi under Sections 420/467/468/471 on the complaint of Ateeq Ahmed/respondent No.2 the then sole proprietor of M/s Omar International Pvt. Ltd. which was later converted into a company with Ateeq Ahmed being its Director and the proceedings pursuant thereto on the ground that the parties have settled the matter.
2.
Learned Special P.P. for CBI on instructions from Investigating Officer submits that in the above-noted FIR evidence of complicity of only Salman Latif who was the sole proprietor of Cosmos Trade International (India) Ltd. has come during investigation and no role is attributed to Sarfaraz Latif, the petitioner No.2 who is the brother of petitioner No.1 and Ateeq Ahmed is the sole complainant/victim.
3.
Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners vide Memorandum of Understanding dated 9th May, 2018, copy whereof is annexed as at pages 35 to 38 of the paper book. In terms of the settlement respondent No.2 has settled all his disputes in relation to the above noted FIR/RC with the petitioners and he has to receive a total sum of ₹1.25 crores for which five post dated cheques bearing Nos. 00022, 00023, 00024, 00025 and 00027 dated 28th August, 2018, 20th November, 2018, 20th February, 2019, 20th May, 2019 and 20th August, 2019, all drawn on Bank of India for a sum of ₹25 lakhs each have been handed over. He states that subject to these cheques being cleared he has no objection to the quashing of the above noted FIR/RC and the proceedings pursuant thereto.
4.
Petitioner No.1 who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. He undertakes that the cheque numbers as noted in the preceding paragraph would be honoured on presentation on the date mentioned in the cheque or within its validity period. He also undertakes that in case any of the cheque is dishonoured for whatsoever reason, petitioner No.1 will reimburse the
amount of the said cheque to respondent No.2 along with reasonable interest thereon. He further undertakes that no such offence will be committed in future and to show remorse the petitioner undertakes to deposit some costs also.
5.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
6.
Consequently, FIR No. 107/2015 registered at PS Economic Offences Wing and on transfer to CBI converted to RC No.221/2017/E0018 registered at CBI, New Delhi under Sections 420/467/468/471 IPC and proceedings pursuant thereto are hereby quashed subject to the petitioner No.1 and respondent No.2 depositing a cost of ₹25,000/- each with the Chief Minister's Distress Relief Fund, Kerala within two weeks. Copy of the receipts will be placed on record thereafter. 7.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
8.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
AUGUST 28, 2018 'vn'