Sharddha Patel Through Ms Shaila Vinay Pathak v. State (Govt Of NCT Of Delhi) & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2939/2016 SHARDDHA PATEL THROUGH MS SHAILA VINAY PATHAK ..... Petitioner Through:

Mr. Arun Kumar Verma, Advocate along with Ms.Saila Vinay Pathak, (special attorney holder in person).

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

Ms. Nandita Rao, ASC along with SI P.K. Jha and ASI Suresh Chand, PSOkhla Industrial Area, for the State. Mr. Suneet Bhardwaj, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 05.10.2016 Crl. M.A. No.15688/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2939/2016 Issue notice. Notice is accepted by Ms. Rao on behalf of the State. Mr. Narinder Kumar, Director of respondent No.2 company is present and accepts notice on behalf of respondent No.2. He is represented through counsel Mr. Bhardwaj.

At the outset, the affidavit of Mr. Narinder Kumar has been tendered in court along with which he has placed on record the extract of the minutes

of meeting of the Board of Directors held on 22.09.2016 authorising him to settle/ compromise and withdraw the complaint in regard to FIR No.202/2016 dated 19.05.2016 under Section 420 IPC registered at Police Station - Okhla Industrial Area, Delhi and the proceedings arising therefrom. He has also placed on record along with the affidavit the true copy of Form-32 filed with the Registrar of Companies to show that he is a Director of the respondent No.2 company. The vakalatnama duly signed by him in favour of his counsel is placed on record. This petition has been preferred to seek the quashing of the aforesaid FIR and proceedings arising therefrom on the basis of a settlement arrived at between the petitioner/ accused and the respondent No.2/ complainant. The accused is presently in USA and is represented through her special attorney Ms. Pathak. The special power of attorney executed in favour of Ms. Pathak is placed on record.

Mr. Narinder Kumar states that on account of the settlement arrived at, the complainant has received the amount due and nothing further is payable by the accused. He states that on account of the said settlement, the complainant is not interested in pursuing the matter any further and joins the prayer for quashing of the FIR.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed. Dasti.

VIPIN SANGHI, J OCTOBER 05, 2016 sr