Anil Kumar Jain & ORS v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANIL KUMAR JAIN & ORS ..... Petitioners Through Mr. Rajat Navet with Mr. Suraj Prakash, Advocates.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

Inspector Nitin Kumar, EOW.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.02.2018 Crl.M.A.21233/2017 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.321 under Sections 420/468/471/120B IPC, Police Station Lodhi Colony. 2.

It is contended that the parties are related to each other. The petitioner no. 1 is the real brother of respondent nos. 2 and 3. The petitioner no. 2 is the wife of petitioner no. 1 while the petitioner nos. 3 and 4 are the sons of the petitioner no. 1.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes and a settlement has been recorded in the form of a Consent Award dated 29.11.2017.

4.

Petitioners and respondent Nos.2 & 3 submit that all respective obligations under the Consent Award dated 29.11.2017 have been duly performed and they undertake to remain bound by the said undertaking. The undertaking is accepted.

5.

Respondent No.2 and 3 are present in person and are identified by the Investigating Officer. They submit that they have settled the disputes with the petitioners and do not wish to press any charges against the petitioners.

6.

In view of the fact that the parties have settled their disputes and the fact that the respondent Nos.2 and 3 do not wish to press any charges against the petitioners, in my view, no fruitful purpose would be served in continuing with the criminal proceedings as there is a slim likelihood of conviction. Further, in view of the fact that the parties have settled their disputes, it would be expedient and in the interest of justice, to quash the subject FIR as well as the consequent proceedings arising there from.

7.

In view of the above, the subject FIR No.321 under Sections 420/468/471/120B IPC, Police Station Lodhi Colony and the consequent proceedings emanating there from are quashed. The petitioners shall deposit cost of Rs.50,000/- with the "Prisoners Welfare Fund, Jail No. 13, Mandoli", Mangal Pandey Marg, Harsh

Vihar, Village Mandoli, Delhi within two weeks.. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 09, 2018 st