Deepak Jain & ORS v. State (Govt Of NCT Of Delhi) & ANR

8# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK JAIN & ORS ..... Petitioners Represented by:

Mr. Gigi C. George, Advocate with petitioners in person.

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

Mr. Hirein Sharma, APP for the State with Inspector Dharmendra Kumar Singh, EOW and Inspector I.S.

Mishra, PS Shahdara.

Ms. Suruchi Suri, Advocate for respondent No.2/Bank.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.03.2017 By the present petition the petitioners seek quashing of FIR No. 1044/1998 under Sections 420/467/468/471/120B IPC registered at PS Connaught Place, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the charge sheet was filed against six accused out of whom Rajesh Anand @ Maggu has since passed away, thus the five petitioners are the only accused and the respondent No.2 the only complainant/victim.

The Respondent No.2 is represented by Mr. Sarvesh Sharma. Mr. Sarvesh Sharma who is present in court and identified by the learned counsel states that he has been authorised by the restricted Power of Attorney executed by the City Country Officer Mr. Pramit Javeri on 1st February, 2017 to settle the matter on behalf of respondent No.2 and also make statement. He also states he is competent and authorised to depose on behalf of respondent No. 2. Mr. Sarvesh Sharma also states that a settlement has taken place between the petitioners and the respondent No.2, pursuant whereof they have agreed to pay a sum of ₹3.70 lakhs which has been received by him today in Court through five demand drafts bearing Nos. 006691, 049453, 130463, 034886 and 034885 dated 3rd March, 2017, 6th March, 2017, 9th March, 2017, 15th March, 2017 and 15th March, 2017 drawn on HDFC Bank, Axis Bank Ltd., Corporation Bank, HDFC Bank respectively. Having received the settled amount he states that the respondent No.2 does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by learned counsel affirm the statement of Mr. Sarvesh Sharma made on behalf of respondent No. 2 and state that they will abide by the terms of the settlement arrived at between the parties on 15th March, 2016 before the Court of the then ACMM Mr. Ajay Garg, Patiala House Courts. 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. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 1044/1998 under Sections 420/467/ 468/471/120B IPC registered at PS Connaught Place, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 29, 2017 'vn'