M/S Shree Shyam Pulp & Board Mills Ltd & ORS v. State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1996/2017 M/S SHREE SHYAM PULP & BOARD MILLS LTD & ORS ..... Petitioners Through:

Ms.Geeta Luthra, Sr. Advocate with Ms.Parul Sharma, Advocate.

versus STATE & ANR ..... Respondents Through:

Ms.Srilina Roy for Ms.Nandita Rao, ASC for State with Insp. Umesh Sharma, EOW.

Mr.Shailendra Bhatnagar, Advocate for R2 with Mr.Siddharty Vidhyarthi, AR of R2/complainant company in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.08.2017 Crl.M.A.Nos.11114-11115/2017 (Exemption) Exemption granted, subject to all just exceptions. Applications stands disposed of.

W.P.(CRL) 1996/2017 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.41/2015, under Sections 406/420/467/468/471/120-B IPC, registered at Police Station EOW Mandir Marg, New Delhi and all proceedings emanating therefrom.

Learned senior counsel appearing for the petitioners has submitted that the petitioners and the respondent No.2 company were in the commercial business dealings and during the course of business transactions, a misunderstanding had arisen between the parties, which resulted into the registration of the aforesaid FIR against the petitioners. She further submits that after the registration of the FIR, the near friends and the relatives intervened and the matter in dispute has been amicably settled between the parties and the same has been reduced into writing vide settlement agreements dated 06.09.2016 and 10.03.2017 and in terms of the said settlement, the finances advanced by the respondent No.2 company have been repaid by the petitioners with interest and nothing further remains to be paid.

Learned senior counsel further submits that since the dispute and misunderstanding have been sorted out and settled between the parties and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life and business dealings of the petitioners and further submits that the FIR in question and all proceedings arising therefrom may be quashed. Mr.Siddharth Vidhyarthi, Authorised Representative of the respondent No.2/complainant company is present in person and has been identified by Inspector Umesh Sharma, EOW Cell. Mr.Siddharth Vidhyarthi has filed the Special Power of Attorney authorising him to appear and make statement in Court on behalf of the respondent No.2 company.

He admits the factum of amicable settlement with the petitioners and execution of settlement agreements dated 06.09.2016 and 10.03.2017 and further admits receiving the settled amount by the respondent No.

present FIR and submits that nothing further remains to be paid by the petitioners pertaining to the above settlement agreements and the present FIR. He further submits that the respondent No.2 company has no objection if the present FIR and all proceedings arising of the same are quashed. Looking into the above facts and circumstances, since the matter in dispute has been amicably settled and the misunderstanding has been sorted out between the parties and the same has been reduced into writing vide settlement agreements dated 06.09.2016 and 10.03.2017 and all due amounts in terms of the said settlement agreements have been paid by the petitioners to the respondent No.2 company and nothing remains to be adjudicated further between them, to have better relationship between the parties in the business dealings in future and to meet the ends of justice, I deem it appropriate to quash the FIR and all its subsequent proceedings.

Consequently, FIR No.41/2015, under Sections 406/420/467/468/471/120-B IPC, registered at Police Station EOW Mandir Marg, New Delhi and all proceedings emanating therefrom are hereby quashed. Parties to remain bound by the terms of settlement agreements dated 06.09.2016 and 10.03.2017.

The present petition is allowed and disposed of accordingly. The Special Power of Attorney of Mr.Siddharth Vidhyarthi, Authorised Representative of the respondent No.2 company be taken on record. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 01, 2017 'dc'