M/S. Jaiprakash Associate Limited & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 156/2017 M/S. JAIPRAKASH ASSOCIATE LIMITED & ORS..... Petitioners Through : Mr. Lovkesh Sawhney, Adv.

versus STATE & ANR.

..... Respondents Through :Mr. Piyush Singhal, Adv. for Mr.

Ashish Aggarwal, ASC with SI Shri Narayan, P.S.

Subhash Place for respondent no. 1 Mr. Navin Goyal and Mr. Saurabh Bhargav, Advs. with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.03.2017 It is submitted that FIR No.

459/2016 under Sections 403/406/420/468/471/506/120-B IPC was registered at Police Station Subhash Place, pursuant to the order dated 30th May, 2016 passed by the Metropolitan Magistrate, Rohini Court, Delhi. It is submitted that the present FIR has been registered on 16th August, 2016. Even prior to the registration of the FIR, petitioner no. 1 company and respondent no. 2 have settled the matter amicably vide a Settlement Deed dated 9th June, 2016,

inasmuch as entire settled amount with interest stands paid to the respondent no. 2 (complainant). Mr. Navin Goyal holds a Special Power Attorney in his favour duly executed by his wife Smt. Pramila Goyal. In fact, FIR was got registered by Mr. Navin Goyal on behalf of his wife Smt. Pramila Goyal. Settlement Agreement has also been signed by Mr. Navin Goyal as a constituted attorney of Smt. Pramila Goyal. Petitioner nos. 2 to 14 are the Chairman/Vice-Chairman/Managing Director/Directors/employees of the petitioner no. 1 company. Directors of petitioner nos. 1 and 2, that is, M/s. Jaiprakash Associates Limited and M/s. Jaypee Infratech Limited, are the Directors of companies involved in the case.

Dispute relates to a flat allotted by the petitioner nos. 1 and 2 to the respondent no. 2 Smt. Pramila Goyal. Mr. Navin Goyal is present in Court and has been identified by SI Shri Narayan, P.S. Subhash Place. He admits having settled the matter with the companies and having received the entire settled amount. He submits that he is not willing to pursue the FIR any further. Keeping in mind the nature of dispute, the fact that matter has been settled between the parties and that respondent no. 2 is not willing to pursue the FIR any further, in the interest of justice, FIR No. 459/2016 under Sections 403/406/420/468/471/506/120-B IPC registered at Police Station Subhash Place and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

MARCH 28, 2017 rb