Pooja Pathak & ORS v. State ( NCT Of Delhi) & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2198/2015 POOJA PATHAK & ORS ..... Petitioners Through :

Mr. Sacchin Puri, Sr. Adv. with Mr.

Aman Sareen and Mr. Nishant Pathak, Advs.

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

Mr. Sanjay Lao, ASC with Inspector Chander Bhan PS Bara Hindu Rao.

Mr. Neeraj Kumar and Mr. Akhilesh Kumar Pandey, Ads. for complainant/ R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 21.07.2016 Pursuant to orders of Learned Metropolitan Magistrate, Delhi passed in a complaint filed under Section 156(3) Cr.P.C., the present FIR No.116/2014 under Sections 420/468/471 IPC was registered at Police Station Bara Hindu Rao.

Complainant/respondent no.2 has alleged in the FIR that he had purchased a mediclaim policy of `4 Lakhs for himself and his wife from M/s. Wellpoint Health Care Pvt. Ltd. on 9th July, 2010. Petitioner no.1 is director and petitioner no.2 is employee of M/s. Wellpoint Health Care Pvt. Ltd.; whereas petitioner no.3 & 4 are agents of M/s. Wellpoint Health Care Pvt. Ltd. Petitioner no.5 had introduced the respondent no.2 to the agents. Insurance premium of `17,667/- was paid on 9th July, against policy

no.21430/48/2011/2609. Wife of the complainant received treatment from Shree Jeewan Hospital, however, reimbursement of medical bills was not made by the Oriental Insurance Company, on the pretext that the policy was in the name of Mr.Sanjay Kundra.

Petitioners and respondent no.2 have now settled their disputes amicably. Petitioners have compensated the respondent no.2 by paying a sum of `1,13,000/-. Respondent no.2 is present in Court and has no objection in case the FIR is quashed.

Keeping in mind that during the investigation itself, petitioners and respondent no.2 had settled their disputes and respondent no.2 does not wish to pursue the FIR, in the interest of justice, the FIR No.116/2014 under Sections 420/468/471 IPC registered at Police Station Bara Hindu Rao and consequent proceedings emanating therefrom are quashed, however, subject to petitioners depositing a sum of `20,000/- (Rupees Twenty Thousand Only) each to the Prime Minister Relief Fund and receipt be produced before the Investigating Officer within four weeks.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 21, 2016/dk