Rakesh Kumar & ORS v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2593/2018 RAKESH KUMAR & ORS ..... Petitioners Through:

Mr Sanjay Goel and Mr Praveen Kumar, Advocates alongwith petitioners in person.

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

SI Ajay Kumar, PS Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.11.2019 CRL.M.A. 40161/2019 1.

For the reasons stated in the application, the delay in filing is condoned.

2.

The application is disposed of.

CRL.M.A. 40162/2019 3.

Allowed, subject to all just exceptions.

CRL.M.A. 40160/2019 4.

The petitioners have filed the present application seeking restoration of the present petition, which was dismissed in default on 01.08.2019. 5.

For the reasons stated in the application, the same is allowed. W.P.(CRL) 2593/2018 6.

The petitioners have filed the present petition, inter alia, praying that FIR No.1039/2015, under Sections 420/468/471/120B/34 of the IPC, registered with PS Rajouri Garden and all proceedings arising therefrom be quashed.

The said FIR was registered at the instance of respondent no.2

(complainant).

7.

Respondent no.2 is present in the Court and is identified by the Investigating Officer. Respondent no.2 states that she has since resolved all her differences and disputes with the petitioners. She also states that the main accused (Rakesh Kumar S/o Deep Chand) has since expired. She also acknowledges that she has received a sum of ₹44 lakhs from the petitioners in full and final settlement of all her claims. 8.

She confirms that she had also entered into a Deed of Compromise dated 21.04.2016, a copy of which has been placed on record. She joins the petitioners in praying that FIR in question be quashed. 9.

The petitioners are present in the Court and are identified by their counsel.

They confirm that they have settled all their disputes with respondent no.2 and states that they have no grievances against her. 10.

In view of the statements made by the petitioners and respondent no.2, this Court considers it apposite to allow the present petition. 11.

Accordingly, FIR No.

No.1039/2015, under Sections 420/468/471/120B/34 of the IPC, registered with PS Rajouri Garden and all proceedings arising therefrom are quashed.

12.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J NOVEMBER 14, 2019 MK