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High Court of DelhiCRL.M.C./53/2017

Vijay Kumar Kataria & ANR v. State And Another

2017-05-11Hon'Ble Mr. Justice I.S.Mehta2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 53/2017 & CRL.M.A.285/2017 VIJAY KUMAR KATARIA & ANR ..... Petitioners Through:

Mr.R.K.Handoo, Adv.

versus STATE AND ANOTHER ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Yogesh Kumar, Police Station -Malviya Nagar

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.162/2006, under Sections 380/411/420/467/468/471/506/120-B IPC, registered at Police Station-Malviya Nagar, Delhi and all proceedings emanating therefrom.

Learned counsel for the petitioners submits that petitioner No.1, Mr.Vijay Kumar Kataria was Director of M/s. Kaveri Infrastructure Pvt. Limited. He submits that the respondent No.2/complainant, M/s Envirotech Overseas Limited filed an individual complaint against petitioner No.1, Mr.Vijay Kumar Kataria and petitioner No.2, Mr.Sushil Mehta, resulting into registration of FIR No.162/2006, under Sections 380/411/420/467/468/471/506/120-B IPC at Police Station-Malviya Nagar, Delhi. He further submits that later on, petitioner No.2, Mr.Sushil Mehta was discharged from the case. He further submits that after the registration of the FIR, the petitioner No.1, Mr.Vijay Kumar Kataria and the respondent No.2/complainant, M/s Envirotech Overseas Limited settled their disputes and Mr.Krishan Dev is the Authorized Representative of respondent

No.2/complainant, M/s Envirotech Overseas Limited. He further submits that nothing remains to be adjudicated further between the parties. Counsel further submits that the present FIR is coming as a hurdle in the peaceful and personal life of the present petitioners and prays that the FIR and all its subsequent proceedings may be quashed.

Learned APP for State has filed status report along with copy of Board of Resolution authorizing Mr.Krishan Dev to represent respondent No.2/complainant, M/s Envirotech Overseas Limited. Mr.Krishan Dev, Authorized Representative of respondent No.2/complainant, M/s Envirotech Overseas Limited is present in Court today and has been identified by the Investigating Officer SI Yogesh Kumar, PS-Malviya Nagar, Delhi. He admits the factum of amicable settlement with the petitioners and further submits that and nothing remains to be due and payable by the petitioners and he has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and nothing remains to be adjudicated further between the parties; to have peace in the life of petitioners, I deem it appropriate to quash the FIR No.162/2006, under Sections 380/411/420/467/468/471/506/120-B IPC, registered at Police Station-Malviya Nagar, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MAY 11, 2017/radhika