Rajiv Gupta & ORS v. The State (NCT Of Delhi) & ANR

4# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2237/2016 RAJIV GUPTA & ORS ..... Petitioners Represented by:

Mr. Sameer Chandra, Mr. S.C.

Mohan Mehta and Mr. Zubair Raza, Advocates for petitioner Nos. 1 and 2.

Mr. Tanmay Nagar, Advocate for petitioner No.3.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Represented by:

Mr. Hirein Sharma, APP for the State with SI Rakesh Dadwal, EOW.

Mr. S.S. Ahluwalia, Advocate for the complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.10.2016 1.

By the present petition the three petitioners seek quashing of the FIR No. 239/2011 under Sections 420/120B/468/34/471/406 IPC registered at PS Economic Offences Wing on the ground that they have settled the matter with the respondent No.2.

2.

Learned APP for the State points out that besides the three petitioners, who are the accused, there are four more accused and role of more accused persons is also being investigated by the Investigating Agency pursuant to further investigation ordered by the learned Trial Court. CRL.M.C. 2237/2016

3.

Considering the fact that all the accused persons have not been impleaded as parties and piecemeal quashing of the FIR wherein Sections 120B or 34 IPC are invoked, does not serve the interest of justice and would rather be an abuse of the process of the Court, this Court is not inclined to quash the above-noted FIR at this stage.

4.

Faced with this situation, learned counsel for the petitioners seeks leave to withdraw the present petition with liberty to file a fresh petition in case a comprehensive settlement is arrived at between the parties. 5.

Leave and liberty granted.

6.

Petition is dismissed as withdrawn.

MUKTA GUPTA, J.

OCTOBER 21, 2016 'vn'

CRL.M.C. 2237/2016