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High Court of DelhiCRL.M.C./4569/2015

Sanjeev Aggarwal v. Central Bureau Of Investigation & ANR

2017-05-19Hon'Ble Mr. Justice I.S.Mehta2 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4569/2015 & CRL.M.A.16317/2015 SANJEEV AGGARWAL ..... Petitioner Through:

Mr.Ashish Aggarwal, Adv.

versus CENTRAL BUREAU OF INVESTIGATION & ANR ..... Respondents Through:

Mr.Narender Mann, SPP for CBI with Mr.Manoj Pant, Adv.

Mr.Sanjay Gupta, Adv. with Mr.Kiran Bhandari, AR for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR being RC No.7 (S)/98/DLI dated 26.10.1998, under Section 120-B read with Sections 409 & 420 IPC, registered with CBI, SCB-1, New Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner has submitted that the petitioner was dealing in ticketing of respondent No.2, Air India Ltd. He further submits that due to some misunderstanding between the parties, the aforesaid FIR was registered against the petitioner. He further submits that the matter pertains to commercial dispute and the same has been returned to respondent No.2/Air India Ltd. Counsel further submits that the matter has been amicably settled between the parties vide settlement agreement dated 31.10.2014 and in terms of the said settlement, the settled/agreed amount has been paid by the petitioner to the respondent No.2/Air India Ltd. and nothing remains to be adjudicated further between the parties. Counsel

further submits that the present FIR is coming as a hurdle in the peaceful and personal life of the present petitioner and prays that the FIR and all its subsequent proceedings may be quashed.

Mr.Kiran Bhandari, Authorized Representative of Air India Ltd./respondent No.2 is present and is represented through counsel. Mr.Kiran Bhandari, Authorized Representative of Air India Ltd./respondent No.2 admits the factum of amicable settlement with the petitioner and further admits that the petitioner has made the payment of settled amount with the respondent No.2/Air India Ltd. and nothing remains to be due and payable by the petitioner and he has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and the settled amount has been paid by the petitioner to the respondent No.2/Air India Ltd. and nothing remains to be adjudicated further between the parties; to have peace in the life of the petitioner, I deem it appropriate to quash the FIR being RC No.7 (S)/98/DLI dated 26.10.1998, under Section 120-B read with Sections 409 & 420 IPC, registered with CBI, SCB-1, New Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of this order be given dasti.

I.S.MEHTA, J MAY 19, 2017/sr