Lalit Bhati v. M/S Fitjee Franchise Network Ltd & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 462/2018 LALIT BHATI ..... Petitioner Through:

Mr. S.C. Singhal, Adv. with petitioner in person versus M/S FITJEE FRANCHISE NETWORK LTD & ANR ..... Respondents Through:

Mr. Raaj Malhotra, Mr. Tanuj Chopra and Mr. Rahul Goyal, Advs. for R-1 Mr. Kamal Kumar Ghei, APP for the State/R-2 with SI Rajender Singh, PS Malviya Nagar

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.12.2018 1.

The petitioner has filed the present petition under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of impugned judgment dated 16.5.2018 passed by learned ASJ-02 (South), Saket Courts, Delhi in Crl.Appeal No.7/18 titled as "Lalit Bhati v. M/s. Fit Jee Franchise Network Limited" arising out of order dated 31.10.2017 passed in Complaint Case No.465249/2016.

2.

Learned counsel for the petitioner and the respondent No.1 submitted that a settlement dated 26.11.2018 has been arrived at between the parties before the Delhi High Court Mediation and

Conciliation Centre, New Delhi.

3.

Learned counsel for the petitioner further submitted that in terms of the settlement, the petitioner has made all the payments and now nothing is due from him, hence, the necessary orders, as per law, may be passed for quashing/setting aside of the impugned judgment dated 16.5.2018.

4.

Learned counsel for the parties submitted that the petitioner has already deposited the cost of Rs.14,000/- in favour of Principal Secretary (Finance), CMDRF, Kerala in terms of order dated 12.9.2018 which fact has also been mentioned in the settlement agreement dated 26.11.2018.

5.

Learned counsel for the respondent No.1 submitted that now nothing is due from the petitioner and in terms of the settlement arrived at between the parties, necessary orders, as submitted earlier, may be passed for setting aside the judgment on conviction dated 31.10.2017 and order on sentence dated 20.11.2017 passed by the Trial Court as well as the impugned judgment dated 16.5.2018 passed by the Appellate Court.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, the impugned judgment dated 16.5.2018 passed by the Appellate Court, and the judgment on conviction dated 31.10.2017 and order on sentence dated 20.11.2017 passed by the Trial Court are quashed and

set aside.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 05, 2018/rk