Ashok Kumar Gupta v. The State & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2400/2018 ASHOK KUMAR GUPTA ..... Petitioner Represented by:

Mr. C.M. Sharma, Advocate.

versus THE STATE & ANR ..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel for the State with SI Neeraj, PS S.B.

Dairy.

Mr. Narvir Singh, Advocate for respondent.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.01.2019 By this petition, the petitioner seeks quashing of FIR No. 742/2016 under Sections 406/34 IPC registered at PS S.B. Diary on the ground that he has settled the matter with the respondent No. 2/complainant. Since learned counsel for the State has pointed out that besides the petitioner there is another accused, on a query put by this Court to learned counsel for the petitioner as to whether the liabilities of the two accused can be separated and the FIR be quashed piecemeal, learned counsel for the petitioner has taken this Court through the contents of the FIR wherein the complainant alleged misappropriation of the funds received as donation by both the accused separately which have not been deposited. W.P.(CRL) 2400/2018

In view of the nature of allegations, the FIR qua the petitioner can be quashed separately on the basis of settlement of the complainant with the petitioner.

Though learned counsel for respondent No. 2 is present, however, respondent No. 2 is not present. Renotify on 10th April, 2019 when the parties and Investigating Officer who identifies them will be present in Court.

MUKTA GUPTA, J.

JANUARY 11, 2019 'yo'

W.P.(CRL) 2400/2018