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High Court of DelhiCRL.M.C./4340/2015

Ajay Gupta v. State Of NCT Of Delhi & ORS

2017-02-10Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4340/2015 AJAY GUPTA ..... Petitioner Through Mr.Tanmaya Mehta, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through Mr.Kewal Singh Ahuja, APP for the State Inspector Ajay Pratap, EOW Mr.Vinod Tyagi, Adv. for R-2 & R-3 with R-2 & R-3 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 10.02.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioner for quashing of FIR No.71/2009, P.S.

EOW, under Sections 420/467/468/471 IPC.

It is submitted by learned counsel for the petitioner that due to some misunderstanding between the petitioner and respondent Nos.2 & 3, the aforesaid FIR has been registered. He also submits that after the registration of FIR, the close friends intervened and the matter has been amicably settled, which has been reduced into writing in terms of compromise deed dated 19.10.2010. He further submits that on the basis of the aforesaid settlement, this Court has granted bail to the petitioner in Bail Appln. No.1260/2010 and the petitioner has already paid a sum of Rs.50 lacs to the

respondent Nos.2 & 3. He further submits that since the matter has been resolved between the parties through compromise deed dated 19.10.2010 and the same has been confirmed by this Court vide order dated 20.10.2010 in Bail Appln. No.1260/2010, nothing remains to be adjudicated between the parties. He further submits that the present FIR is coming as a hurdle in the future life of the petitioner and prays that the present FIR may be quashed. The respondent Nos.2 & 3, represented through counsel Mr.Vinod Tyagi, Adv., are present in person and have been identified by the Investigating Officer, Inspector Ajay Pratap. They admit that they have amicably resolved all disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and have already received an amount of Rs.50 lacs from the petitioner.

They further submit that they have no objection, if the present FIR is quashed. Keeping in view the facts and circumstances, since the matter has been amicably settled between the parties in terms of compromise deed dated 19.10.2010 and nothing is to be adjudicated further, I deem it appropriate to quash the FIR in question. Consequently, to meet the ends of justice, the FIR No. 71/2009, P.S. EOW, under Sections 420/467/468/471 IPC and all subsequent proceedings arising therefrom are hereby quashed. The petition stands disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J FEBRUARY 10, 2017/km