Alok Gupta v. State & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2283/2016 & Crl.M.A.No.9592/2016 (stay) ALOK GUPTA ..... Petitioner Represented by : Mr.Avadh Kaushik and Mr.

Luvashish Maharishi, Advs.

versus STATE & ANR ..... Respondents Represented by : Mr.Hirein Sharma, APP.

Si Rajendra Dhaka, PS Vikaspuri.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.10.2016 1.

By the present petition, the Petitioner seeks quashing of FIR No. 88/2009 under Sections 420/468/471 IPC registered at PS Vikas Puri, Delhi on the complaint of Mr.Ashok Kumar Raizada on the ground that parties have settled the matter. Though the complainant is Ashok Kumar Raizada, petitioner has impleaded Delhi Nagrik Sehkari Bank Limited as respondent No.2.

2.

Even if the monetary consideration with the bank has been settled, that does not absolve the petitioner of the criminal liability and particularly without impleading and settling the matter with the complainant, the petitioner could not have filed the present petition seeking quashing of the FIR on the basis of the compromise.

3.

Though the complainant Ashok Kumar Raizada has not been

impleaded as party, learned counsel appears for him and states that there has been no settlement between the parties.

4.

Considering the facts noted above, the petition and application are dismissed with cost of ₹10,000/- to be deposited with Delhi High Court Legal Services Committee within two weeks.

MUKTA GUPTA, J OCTOBER 18, 2016 mr