Lalit Kumar Mittal & ANR v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4881/2016 LALIT KISHORE MITTAL & ANR ..... Petitioners Through:

Mr.Anand Maheshwari, Advocate with Petitioner No.1 in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Raghwinder Varma, APP for State with SI Satender Kumar, P.S.

K.N.Katju Marg, Delhi.

Mr.Parmod K. Sharma, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.01.2017 Crl.M.A.No.20248/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4881/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 0996/2016, under Sections 406/420/34 IPC, registered at Police StationK.N.Katju Marg, Delhi and the consequential proceedings emanating therefrom.

Learned counsel for the petitioners has submitted that the petitioners and the respondent No.2/complainant are in the business, known to each other

for the last so many years, but due to misunderstanding, an FIR bearing FIR No. 0996/2016, under Sections 406/420/34 IPC was got registered by the respondent No.2/complainant at Police Station-K.N.Katju Marg, Delhi. Counsel further submits that after the registration of the FIR, the friends of the business circle intervened and the matter has been amicably settled between the parties before the Mediation Centre, Rohini on 15th December, 2016. Counsel further submits that as per the terms of the said settlement dated 15th December, 2016, the whole amount has been paid to the petitioner No.1 and nothing remains to be adjudicated between the parties. Counsel further submits that since the petitioners and the complainant are the friends and in the business circle, the present FIR is coming as a hurdle in their way to lead a peaceful life and prays that the aforesaid FIR may be quashed. The respondent No.2/complainant is present in Court today and has been identified by his counsel as well as by the Investigating Officer, SI Satender Kumar, P.S.

K.N.Katju Marg, Delhi.

The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioners vide settlement deed dated 15th December, 2016 and admits that the settlement is voluntary and without any force, pressure or coercion. Respondent No.2/complainant further admits that nothing further remains to be adjudicated between the parties and has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties before the Mediation Centre, Rohini on 15th December, 2016 and nothing further remains to be adjudicated between the parties, to meet the ends of justice, I deem it appropriate to quash the FIR No. 0996/2016, under Sections 406/420/34

IPC, registered at Police Station-K.N.Katju Marg, Delhi and the consequential proceedings emanating therefrom. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 02, 2017 'dc'