Ashish Bansal & ORS v. State ( NCT Of Delhi) & ANR

40# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ASHISH BANSAL & ORS ..... Petitioners Represented by:

Mr. K.K. Manan, Sr. Advocate with Ms. Shalini Kapoor, Mr.

Dikshant Khanna and Ms.

Ruhini Dey, Advocates with petitioner Nos. 2 and 3 in person.

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

Ms. Richa Kapoor, Additional Standing Counsel for State with Ms. Amita Sachdeva, Advocates with Inspector Bijay Kumar, PS EOW.

Mr. Avtar Singh, Advocate for respondent Nos. 2 to 8 with respondent Nos. 2 to 8.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.08.2018 Amended memo of parties has been handed over, which is taken on record.

By the present petition, the petitioners seek quashing of FIR No. 45/2018 under Sections 406/420/120B IPC registered at PS Economic Offences Wing on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and the respondent No. 2 the complainant/victim and besides him, six other victims are involved who have now been impleaded as respondent Nos. 3 to 8. She further states that in respect of the complaint of respondent No.7 the alleged gold items did not belong to him but to Gulzar Khan who has now been impleaded as respondent No. 9 being the actual victim.

Respondent Nos. 2 to 9 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 and have now no claim whatsoever against them. They further state that they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioner Nos. 2 and 3 are present in Court and are identified by the learned counsel. Petitioner No. 2 and petitioner No.3 on her behalf and on behalf of petitioner No.1, her husband from whom power of attorney has been placed on record, affirm the statement of respondent Nos.2 to 9 and undertake to abide by the terms of the settlement arrived at between the petitioners and respondent No.2 vide Memorandum of Settlement dated 5th May, 2018, copy whereof is annexed at pages 47-50 of the paper-book.

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.

FIR in question.

Consequently, FIR No. 45/2018 under Sections 406/420/120B IPC registered at PS Economic Offences Wing and proceedings pursuant thereto are hereby quashed qua all the petitioners.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 09, 2018 'vn'