Anuj Sayal & ORS v. The State NCT Of Delhi & ORS
36# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANUJ SAYAL & ORS ..... Petitioners Represented by:
Mr. Deepak Vohra, Advocate with petitioners in person.
versus THE STATE NCT OF DELHI & ORS ..... Respondents Represented by:
Mr. Rajesh Mahajan, Additional Standing Counsel for the State with Inspector Rajneesh Kumar, EOW.
Mr. Tarun Goomber, Advocate for respondent No.2 with authorised representative of respondent No.2 in person.
Mr. Mayank Goel and Mr.
Monamshel Moring, Advocate for respondent Nos. 3 with director of respondent No.3 in person
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 13.12.2017 By the present petition the petitioners seek quashing of FIR No. 93/2015 under Sections 420/419/120B IPC registered at PS Economic Offences Wing, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that besides respondent No.2/ complainant, another complaint was received by respondent No. 3 who was an investor in respondent No.2 investigation whereof was clubbed with the above noted FIR. Thus in the above-noted FIR the three petitioners are the only accused and the respondent Nos.2 and 3 the only complainants/victims. Mr. Sandeep Handoo, authorised representative of respondent No.2, who also lodged the complaint is present in Court and is identified by the learned counsel. Authorisation in favour of Mr. Sandeep Handoo has been filed on 25th August, 2017 and is at pages 100-101 of the paper book. Respondent No. 3 FABPANDA Pvt. Ltd. is represented through Mr.
Varinder Singh, it Director who is present in Court and is identified by the learned counsel. Mr. Sandeep Handoo and Mr. Varinder Singh state that they have settled the matter with the petitioners vide Memorandum of Understanding dated 10th June, 2017, copy whereof has been annexed as Annexure-C to the present petition. They state that since the parties have settled the matter, respondent Nos. 2 and 3 do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. The Respondent Nos. 2 and 3 will abide by the terms of the settlement. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of Mr. Sandeep Handoo and Mr. Varinder Singh and undertake that they will abide by the terms of the Memorandum of Settlement dated 10th June, 2017 arrived at between the parties.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 93/2015 under Sections 420/419/120B IPC registered at PS Economic Offences Wing, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of.
Order dasti.
MUKTA GUPTA, J.
DECEMBER 13, 2017 'vn'