Munish Kakra & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4266/2016 MUNISH KAKRA & ORS.

..... Petitioners Through:

Ms.Priya Higorani, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State with Sub Inspector Yogender, Police Station-Karol Bagh.

Mr.Nitin Devgun, Adv. with Mr.Gautam Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.11.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.186/2009, under Sections 406/420/468/471/34 IPC, registered at Police Station-Karol Bagh, Delhi and all the proceedings emanating therefrom. Counsel for the petitioners has submitted that Mr.Sanjay Singhal is the husband of the complainant and the matter has been settled between the husband and the complainant. Counsel for the petitioners has further submitted that subsequently the petitioners too have settled the matter with the complainant and the petitioner-husband has deposited a sum of Rs.70,00,000/- (rupees seventy lakhs) by FDR with Family Courts in Rohini District Courts. Counsel for the petitioners has further submitted that since the petitioners and the husband of the complainant is working in the same

company and they have settled the matter with the complainant and prays that the present FIR in question may be quashed. Respondent No.2/complainant, Smt.Renu Singhal is present in Court today and is identified by the Investigating Officer, SI Yogender of P.S. Karol Bagh. Respondent No.2/complainant admits that she has amicably compromised/settled the matter with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. Complainant further submits that as per the compromise with the petitioner-husband, the first motion has already taken place and second motion is to be before 24th November, 2016 after releasing the amount of Rs.70,00,000/- (rupees seventy lakhs). Complainant admits that she has signed the second motion too.

She further submits that she has no objection if the present FIR is quashed against the petitioners. Keeping in view the facts and circumstances of the case, since as per the version of the complainant, the matter has been settled between the complainant and her husband, in the interest of justice, I deem it appropriate to quash FIR No.186/2009, under Sections 406/420/468/471/34 IPC, registered at Police Station-Karol Bagh, Delhi and all the proceedings emanating therefrom are quashed with the directions to the Principal Judge, Family Courts, Rohini District Court to release the amount of Rs. 70,00,000/- (rupees seventy lakhs only) in favour of respondent No.2/complainant, Smt.Renu Singhal.

As prayed, the demat account No.IN300966-10489490 held in the name of Sanjay Singhal & Sons (HUF) with Globe Capital Market Ltd., Depository Participants and the folio No.0000061 held in the name of Sanjay Singhal & Sons (HUF) with Abhipra Capital Ltd., Registrar and

Transfer Agent of the company be unfreezed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J NOVEMBER 17, 2016/radhika