Anil Aneja & Ors vs State Govt. Of Nct Of Delhi & Ors.

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. No.118/2012

%           Judgment delivered on:13th January, 2012

     ANIL ANEJA & ORS.                                ..... Petitioners
                   Through :           Mr.Navin Chawla, Mr.Bharat
                                       Arora & Mr.Pratush, Advocates
                    versus

     STATE GOVT. OF NCT OF
     DELHI & ORS.                                    ..... Respondents
                   Through :           Mr. Navin Sharma, APP with SI
                                       Arun Kumar, CBT/EOW
                                       Mr. S.N. Gupta and Mr. Mohit
                                       Bhardwaj,    Advocates       for
                                       respondent No.2/complainant.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl.M.A. 444/2012 Exemption allowed, subject to all just exceptions. The application is disposed of.

+    Crl.M.C. 118/2012

1.   Notice issued.

2. Learned APP accepts notice on behalf of the State.

3. Learned counsel mentioned above accepts notice on behalf of respondent No.2.

4. Learned counsel for the parties jointly state that vide FIR No. 8, dated 9th January, 2010, a case under Sections 419/420/120-B IPC was registered against the petitioners on the complaint of respondent No.2.

5. It is further stated that respondent No.2 has amicably settled all the issues qua the aforesaid FIR against the petitioners and he does not want to pursue the case any further. In terms of the settlement, two demand drafts mentioned below, are handed over to the learned counsel for respondent No.2, both favouring Vinay Kumar Goel (HUF):

No.   DD No.         Amount            Dated                   Drawn on
1.    213887         Rs. 3,17,000/-    29.12.2011              ICICI Bank
2.    038126         Rs. 2,50,000/-    05.01.2012              HDFC Bank

Counsel for respondent No.2 has accepted the same without any protest.

6. Respondent No.2 is personally present in the Court with his counsel mentioned above, who does not rebut these contentions. He submits that he has no objection if the instant FIR is quashed.

7. On the other hand learned APP submits that the case is pending for investigation and if this Court is inclined to quash the FIR, heavy cost be imposed on the petitioners as in the process, the government machinery has been used and precious time of the Court has been consumed.

8. I find force in the submission of learned APP. Further, Mr. Navin Chawla, Advocate, on instructions from the petitioners, has come forward and submits that his clients are wishing to contribute Rs.75,000/- for the welfare purposes. I appreciate this gesture.

Accordingly, petitioners No. 1, 2 and 4 shall pay Rs.25,000/- each in favour of the 'Delhi Police Welfare Fund, PHQ, I.P.Estate, New Delhi' within two weeks from today, proof thereof shall be placed on record.

9. The FIR in question is quashed and the Crl. M.C. No.118/2012 is allowed.

10. In view of above, Criminal M.A.No.443/2012 renders infructuous and accordingly stands disposed of.

11. Order dasti.

SURESH KAIT, J JANUARY 13, 2012 'raj' Crl.M.C.No.118/2012 Page 3 of 3