M/S Icici Bank Ltd. v. State ( NCT Of Delhi) & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S ICICI BANK LTD. & ORS.

..... Petitioner Represented by:

Mr. Punit Kr. Bhalla, Adv.

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

Mr. Kewal Singh Ahuja, APP with SI Naveen PS Subzi Mandi.

Mr. Manmeet Arora, Ms. Nidhi Parashar, Advs. for R-2 with A.R. of R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.09.2016 By the present petition, the Petitioners seek quashing of FIR No. 409/2015 under Section 420 IPC registered at PS Subzi Mandi, Delhi on the complaint of authorized representative of Respondent No.2 as the parties have settled the matter.

Represented No.2 is represented through Shri Rajinder Batra the authorized representative authorization whereof has been filed along with the vakalatnama in favour of Ms. Manmeet Arora, Advocate. Mr. Rajinder Batra who is present in Court and is identified by the learned counsel states

that the respondent No.2 has settled the matter with the petitioners and in terms of the settlement two drafts No. '501489' and '501490' for a sum of `10,29,479.20 and `11,00,743.80 drawn on ICICI has already been received. Since the parties have settled the matter the respondent No.2 does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

Petitioner No.1 is represented through its authorized representative Mr. Jarrar Rizvi and Petitioner Nos. 2 to 5 who are otherwise named in the FIR are also present and are identified by the learned counsel. They state that the petitioners would abide by the terms of the settlement arrived at between the parties. They further state that the drafts handed-over to the respondent No.2 are valid till 3rd September, 2016 and in case there is any problem in encashment thereof they will get it re-validated. 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. 409/2015 under Section 420 IPC registered at PS Subzi Mandi, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 01, 2016 'ga'