High Court of DelhiW.P.(CRL)/2113/2016

Vipin Singal & ANR. v. State & ANR.

2016-07-25Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2113/2016 VIPIN SINGAL & ANR.

..... Petitioner Through:

Mr. Pawan Kumar Mittal, Advocate versus STATE & ANR.

..... Respondent Through:

Mr. Sanjay Lao, ASC with SI G.P.Pal, PS Civil Lines

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 25.07.2016 Issue notice. Notice is accepted on behalf of the State. Notice is also accepted on behalf of respondent No.2 - M/s Enrich Agro Food Products Pvt. Ltd., through its authorised representative Mr. Ranjeet Oberoi. This petition seeks the quashing of the FIR No. 284/2015 registered at police station Civil Lines under Sections 420/406/34 IPC and the proceedings emanating therefrom.

This petition is premised on a memorandum of understanding arrived at between the respondent No.2 and the petitioner herein on 11.12.2015 where under the petitioner had agreed to pay a sum of Rs. 21,80,000/- to the complainant/respondent No.2, in settlement of all the claims of the

complainant and for quashing of the FIR in question. Mr. Ranjeet Oberoi submits that he has been authorized by the Board of Directors of respondent No.2 to represent the company/respondent No.2 in the present proceedings. He is also identified by SI G.P. Pal, PS Civil Lines. A copy of the resolution dated 06.07.2015 passed by the company has been placed on record. An affidavit of Mr. Ranjeet Oberoi is also on record in support of the petition. Respondent No.2 has already been paid Rs. 18 lacs which is acknowledged by Mr. Ranjeet Oberoi. The remaining amount of Rs. 3.80 lakhs has been tendered today by way of a pay order drawn in favour of respondent No.2, which has been handed over to Mr. Ranjeet Oberoi and has been accepted by him. Mr. Oberoi submits that respondent No.2-complainant is not interested in pursuing the aforesaid FIR and the proceedings emanating therefrom any further.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings arising there from. The same are hereby quashed subject to deposit of a sum of Rs.25,000/- by the petitioner into the Prime Minister's National Relief Fund within a period of two weeks. The petitioner shall provide to the IO the receipt of payment of costs.

VIPIN SANGHI, J JULY 25, 2016 sl