Vertax Infrabuild Pvt Ltd v. State NCT Of Delhi

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VERTAX INFRABUILD PVT LTD ..... Petitioner Represented by:

Mr. Sanjeev Kumar, Adv.

versus STATE NCT OF DELHI ..... Respondent Represented by:

Mr. R.S. Kundu, ASC with SI Vivek Malik, PS Vasant Kunj (S).

Mr. Karan Bansal, Adv. for R-2 to 5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 14.12.2017 By the present petition the petitioners seek quashing of FIR No. 411/2015 under Sections 420/406/34 IPC registered at PS Vasant Kunj (South), Delhi on the complaint of Respondent No.5 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State submits that in the above-noted FIR the petitioner No.1 which is a company and petitioner No.2 who is the Director of petitioner No.1 company are the only accused and respondent No.5 the complainant/ victim and respondent No.2 to 4 the other three victims. He states that no other person is involved.

Respondent Nos. 2 to 5 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the Petitioners vide the settlement deed dated 9th July, 2016 copy whereof is annexed as Annexure B to the present petition. They state that they would abide by the terms of settlement and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner No.1 is a company which is represented through its Director the petitioner No.2 authorization in whose favour is annexed as Annexure C to the present petition. Petitioner No.2 who is present in Court and is identified by the learned counsel on his behalf and on behalf of petitioner No.1 states that he has settled the matter with the respondent Nos. 2 to 5 vide the settlement deed dated 9th July, 2016 and undertake to abide by the same.

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, rather the same would create further acrimony between them, 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.

Consequently, FIR No. 411/2015 under Sections 420/406/34 IPC registered at PS Vasant Kunj (South), Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

DECEMBER 14, 2017 'ga'