Jagmander Gupta & Others vs State, Nct Of Delhi
2008 Latest Caselaw 1477 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2830/2008

%                      Date of Decision: 28.08.2008

Jagmander Gupta & Others                              .... Petitioners

                       Through Mr.H.S. Phoolka, Sr. Advocate with
                               Mr.H.S.     Ahluwalia,   Advocate  for
                               petitioner Nos.1 to 3 along petitioner
                               petitioner No.1 in person.
                               Mr.Raju      Dudani,     Advocate  for
                               petitioner No.4 along with petitioner
                               No.4 in person.

                                Versus

State, NCT of Delhi                                   .... Respondent

                       Through Mr.Amit Sharma, APP for the State
                               along with SI Sunil Kumar, EOW.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be               YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                  NO
3.   Whether the judgment should be reported in              NO
     the Digest?


ANIL KUMAR, J.

*

Petitioner No.1 and petitioner No.4 are present along with their

counsel. It is contended that petitioner No.4/complainant has settled

all his disputes with petitioner Nos.1 to 3. A copy of the settlement

agreement has been produced under which a total sum of Rs.3.25 crore

was payable to the petitioner No.4 out of which Rs.1.25 crore was paid

to him earlier and the balance amount of Rs.2.00 crore has been paid to

him today in the court by way of demand drafts bearing Nos.132353

and 132354 both dated 21.08.2008 for an amount of Rs.50 lakh each

drawn on ICICI Bank Limited, G-2, Vikaspuri, New Delhi-110018 and

drafts No.651576 dated 22.08.2008 and 651601 dated 23.08.2008 for

an amount of Rs.50 lakh each drawn on Vijaya Bank, Service Branch

Delhi. Photocopies of the drafts are annexed with the petition.

Let the statement of petitioner No.4 be recorded.

Statement of petitioner No.4 has been recorded who has been

identified by his counsel. The petitioner No.4 has also given an affidavit

in support of the petition seeking quashing of the FIR No.771/2007

dated 27.10.2007 under Sections 120B/409/420 of Indian Penal Code

registered at Police Station Ambedkar Nagar and all the proceeding

emanating therefrom.

Considering the facts and circumstances that the suit for specific

performance filed by the petitioner No.4 has since been settled and all

the amounts have been paid to the petitioner No.4 under the

settlement, no useful purpose shall be served in continuing with the

proceedings pursuant to above-said FIR. It shall also be in the interest

of justice in case the FIR and all the proceedings emanating therefrom

are quashed.

Learned Additional Public Prosecutor, Mr.Sharma, has also no

objection to quashing of FIR No.771/2007 dated 27.10.2007 under

Sections 120B/409/420 of Indian Penal Code registered at Police

Station Ambedkar Nagar and all the proceedings emanating therefrom

against the petitioner Nos.1 to 3.

In the totality of facts and circumstances, FIR No.771/2007 dated

27.10.2007 under Sections 120B/409/420 of Indian Penal Code

registered at Police Station Ambedkar Nagar and all the proceedings

emanating therefrom against the petitioner Nos.1 to 3 are quashed.

The petition is disposed of.

Dasti.

August 28, 2008                                   ANIL KUMAR, J.
'Dev'