Ritu Aggarwal & ORS v. Commissioner Of Police & ORS

24# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RITU AGGARWAL & ORS ..... Petitioners Represented by:

Mr. Ashesh Lal and Mr.

Raghav Parwatiyar, Advocates with petitions in person. .

versus COMMISSIONER OF POLICE & ORS ..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Rajender Prasad, PS Maya Puri.

Mr. Ajay Goyal, Advocate for respondent Nos. 3 and 4 with respondent Nos. 3 and 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.11.2016 Crl. M.A. No. 17148/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 430/2015 under Sections 420/34 IPC registered at PS Maya Puri, Delhi on the joint complaint of Respondent Nos. 3 and 4, the partners of M/s National Steel Corporation 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 five petitioners are the only accused and the respondent Nos.3 and 4 are the only joint complainant/victim. She states that no other accused or victim is involved in the present FIR.

The complainants/Respondent No. 3 and 4 who are present in Court and are identified by the learned counsel and the Investigating Officer states that they have settled the matter with the petitioners and in terms of the settlement the petitioners have agreed to pay a sum of ₹22 lakhs towards payment of supply of scrap material. They state that they have already received a sum of ₹14 lakhs and the balance amount of ₹8 lakhs has been received by them today in Court by way of Bankers/Managers Cheque Nos. 242791, 010088, 217290 and 217292 drawn on State Bank of Bikaner, HDFC Bank and IndusInd Bank respectively for an amount of ₹2 lakhs each. They state that they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.3 and 4 and state that they will abide by the terms of the Settlement arrived at before the Delhi High Court Mediation and Conciliation Centre on 19th August, 2016. In view of the fact that the parties have amicably resolved their disputes which were essentially commercial in nature of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the above noted investigation and the trial, 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. 430/2015 under Sections 420/34 IPC registered at PS Maya Puri, 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.

NOVEMBER 04, 2016 'vn'