Rajiv Gupta & ORS v. The State NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3941/2017 RAJIV GUPTA & ORS ..... Petitioners Through:
Mr.Sameer Chandra, Advocates for P1 & 2.
Mr.Ashish Aggarwal, Advocate for P8 to P14.
versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:
Mr.Hirein Sharma, APP for State.
Mr.Dwarka Prasad and Ms.Ansha Varma, Advocates for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 22.09.2017 Crl.M.A.No.15906/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3941/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner for quashing of FIR No.239/2011, under Sections 420/120B/468/471/406/34 IPC, registered at Police Station Economic Offences Wing, New Delhi and all subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that some of the petitioners and the respondent No.2 are relatives and due to a
misunderstanding arisen between them, the aforesaid FIR was got registered by the respondent No.2/complainant against the petitioners. Counsel further submits that after registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 8th March, 2016 in respect of one set of property and 10th August, 2017 qua another set of property. Counsel further submits that the said settlement has been acted upon between them voluntarily and without any force, pressure or coercion and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the present FIR may be quashed.
The respondent No.2/complainant Smt.Madhu Khandelwal is present in person, who has been identified by the IO Inspector Umesh Sharma. The respondent No.2/complainant present in person admits that some of the petitioners are her relatives and the matter has been amicably settled with the petitioners voluntarily and without any force, pressure or coercion and the same has been reduced into writing on 8th March, 2016 and 10th August, 2017 and the same has been acted upon between them and nothing further remains to be adjudicated between the parties and she has no objection if the present FIR is quashed.
Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and the same has been reduced into writing on 8th March, 2016 and 10th August, 2017 and the same has been acted upon between them and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and better relationship between the parties, who are relatives and related to each other
and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom. Consequently, FIR No.239/2011, under Sections 420/120B/468/471/406/34 IPC, registered at Police Station Economic Offences Wing, New Delhi and all subsequent proceedings arising therefrom are hereby quashed. Parties shall be bound by the Settlement dated 8th March, 2016 and 10th August, 2017.
The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 22, 2017 'dc'