Rajesh Jain & ORS v. State & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3422/2017 RAJESH JAIN & ORS ..... Petitioners Through:

Mr. Chander M. Maini, Advocate with all three petitioners in person.

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

Mr. Amit Ahlawat, APP for State.

Mr. Sanjay Kr. Sharma, Advocate with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 15.09.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.337/1997 for the offences punishable under Sections 409/420/120-B IPC, registered at police station-Roop Nagar, Delhi, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondent No. 2 is present in Court today. He states that he has settled the matter with the petitioners with his own free will and choice without any threat, pressure and coercion as per the terms and conditions of the MOU/Settlement Agreement dated 21.07.2017. He further submits that today he has received the balance amount of Rs.25,00,000/- (Twenty Five Lakh only) from the petitioners vide DD No.001314 dated 21.07.2017 drawn on Standard Chartered Bank, Narain Manzil 23, Barakhamba Road, New Delhi. He further states that he has no claim whatsoever remaining CRL.M.C. 3422/2017

against the petitioners and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Learned counsel for the petitioner submits that the petitioners have no objection if the shares being seized as case property vide seizure memo dated 18.09.1998 and 22.11.1998 by the police are delivered to the respondent No.2.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, 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.337/1997 for the offences punishable under Sections 409/420/120-B IPC, registered at police stationRoop Nagar, Delhi, New Delhi and proceedings pursuant thereto are hereby quashed.

The petition stands disposed of.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 15, 2017 afa CRL.M.C. 3422/2017