Igor Zaks v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 3123/2017 & Crl.M.A. 18393/2017 + ROBERT DIX Petitioner Mr. Hariharan, Sr. Adv. with Ms.

Mrinal Bharti, Mr. Parver Menon, Mr.

Swapnil Gupta, Mr. Manish Shekhari, Ms. Shruti, Advs. with Mr. Ramakant Pathak, PGA holder.

Represented by:

versus THE STATE GOVT OF NCT OF DELHI & ANR Respondent Represented by: Ms. Nandita Rao, ASC with Insp. Nitin Kumar PS EOW.

Ms. Smriti Sinha, Mr. D.Das, Advs.

for R-2 with R-2 in person.

W.P.(CRL) 3124/2017 and CrI.M.A. 18395/2017 + LEIF BAECKLUND & QRS Represented by:

Petitioner Mr. Hariharan, Sr. Adv. with Ms.

Mrinal Bharti, Mr. Parver Menon, Mr.

Swapnil Gupta, Mr. Manish Shekhari, Ms. Shruti, Advs. with Mr. Ramakant Pathak, PGA holder.

versus THE STATE GOVT OF NCT OF DELHI & ANR Respondent Represented by: Ms. Nandita Rao, ASC with Insp. Nitin Kumar PS EGW.

Ms. Smriti Sinha, Mr. D.Das, Advs.

for R-2 with R-2 in person.

Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

+ W.P.(CRL) 3125/2017 and Crl.M.A. 18397/2017 IGOR ZAKS Petitioner Represented by: Mr. Hariharan, Sr. Adv. with Ms. Mrinal Bharti, Mr. Parver Menon, Mr.

Swapnil Gupta, Mr. Manish Shekhari, Ms. Shruti, Advs. with Mr. Ramakant Pathak, PGA holder.

versus THE STATE GOVT OF NOT OF DELHI & ANR Respondent Represented by: Ms. Nandita Rao, ASC with Insp. Nitin Kumar PS EOW.

Ms. Smriti Sinha, Mr. D.Das, Advs.

for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

% 20.03.2019 Crl.M.A. 6227/2019 in W.P.(CRL1 3123/2017 Crl.M.A. 6216/2019 in W.P.tCRLl 3124/2017 Crl.M.A. 6215/2019 in W.P.tCRLl 3125/2017 These three writ petitions were filed seeking quashing of FIR No. 59/2017 under Sections 465/469/471 IPC registered at PS Tughlak Road on the complaint of respondent No.2 on the ground that on merits no case is made out for proceeding in the FIR in question. By these applications the petitioners seek quashing of the abovementioned FIR in question on the basis of compromise. Learned counsel for the petitioners and learned counsel for the respondent No.2 state that during the pendency of these three writ petitions the parties have entered into a settlement and the respondent No.2 does not wish to pursue the FIR in question and the proceedings pursuant thereto.

Applications are disposed of permitting treating the present writ petitions as seeking quashing of the FIR in question on the ground of settlement arrived at between the parties.

Date of S"' August, 2019 already fixed stands eancelled. W.P.rCRU 3123/2017 & Crl.M.A. 18391/2017 W.P.(CRL) 3124/2017 and Crl.M.A. 18395/2017 W.P.(CRL) 3125/2017 and Crl.M.A. 18397/2017 By these petitions the petitioners seek quashing of FIR No. 59/2017 under Sections 465/469/471 IPG registered at PS Tughlak Road, Delhi on the eomplaint 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 submits that in the above-noted FIR the three accused named are Robert Dix, Igor Zaks and Leif Baecklund and besides them two companies namely M/s. Quinn Hotels Sweden AB and M/s. Quinn Logistics Sweden AB are the aeeused and respondent No.2 the complainant/ victim. She states that no other victim is involved in the FIR in question.

Respondent No. 2 who is present in Court and is identified by the learned counsel states that he has settled the matter with the petitioners who have withdrawn a civil suit filed by them against the respondent No.2 in Hyderabad being O.S. No. 1303/2013 on S"' March, 2019 and thus he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto against any of the aeeused.

Petitioners are represented through their Special Power of Attorney holder Mr. Rama Kant Pathak, authorization in whose favour has been annexed in the respective writ petitions. Rama Kant Pathak is present in Court and is identified by the leamed counsel. He affirms the statement of respondent No.2 on behalf of the petitioners in the three writ petitions. 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 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. 59/2017 under Sections 465/469/471 IPC registered at PS Tughlak Road, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition and applications are disposed of. Order dasti. MARCH 20, 2019 MUKTA GUPTA, J.

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WP.(CRL) 3123/2017 & conn, matters