Delhi High Court
Hajeej India Hospitality P.Ltd. & ... vs State Nct Of Delhi & Anr on 28 September, 2011
Author: Suresh Kait
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.No.3252/2011
% Judgment delivered on:28th September,2011
HAJEEJ INDIA HOSPITALITY
P.LTD. & ANR. ..... Petitioners
Through:Mr.A. K. Sharma, Adv.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through:Ms.Rajdipa Behura, APP for
State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers
may be allowed to see the judgment? NO
2. To be referred to Reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
SURESH KAIT, J. (Oral)
Crl.M.A.No.11576/2011(exemption)
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
CRL.M.C.No.3252/2011
1. Issue notice.
2. Ms.Rajdipa Behura, learned APP for State accepts
notice on behalf of both respondents.
3. Learned counsel for the petitioners submits that vide
FIR No.123/2011 dated 02.08.2011, a case under Section
420 Indian Penal Code, 1860 has been registered against the
petitioner No.1 on the complaint of petitioner No.2 at police
station Barakhamba Road, New Delhi.
4. Learned counsel for the petitioners further submits that
petitioner No.2 has compromise the matter with the
petitioner No.1 and he does not wish to pursue aforesaid FIR
against the petitioner No.1.
5. Petitioner No.2, who is himself Advocate by profession,
personally present in person in the Court and submits that
he has settled all the issues qua the aforesaid FIR with
petitioner No.1 and does not wish to pursue the case any
further. He has no objection, if the present FIR is quashed.
6. Ms.Rajdipa Behura, learned APP for State submits that
the investigation is pending, therefore, the charge-sheet has
not been filed. Further submits that if this Court is inclined
to quash the present FIR, heavy costs may be imposed upon
the petitioner No.1.
7. Keeping the settlement between petitioner No.1 and
petitioner No.2, in the interest of justice, I hereby quash the
FIR No.123/2011 under Section 420 Indian Penal Code, 1860
registered against the petitioner No.1 at police station
Barakhamba Road, New Delhi.
8. I find force in the submission of learned APP for State
that petitioner No.1 is a private limited company registered
with Registrar of Companies, therefore, it is a juristic entity
under law.
9. I note that at page No.18 of the paper-book, petitioner
No.1 company has authorised Mr.Rayees Khan to sign the
documents and take care of all the legal matters on behalf of
'Hajeej India Hospitality Pvt. Limited' and deposit official
documents to the respective department in relates to the
legal activities.
10. In the circumstances, I impose a costs of ` 1.00lac to
be deposited in favour of 'Delhi Child Welfare Fund', at Child
Protection Unit, Department of Women and Child
Development, 1, Canning Lane, K. G. Marg, New Delhi,
within three weeks from today and proof thereof shall be
placed on the record by petitioner No.1.
11. It is further directed that the same amount shall be
disbursed in favour of the Principal, Nursery School for
Mentally Retarded Children, Mayur Vihar, Delhi.
12 Further directed, the said amount shall be disbursed in
the account of the Principal of the said School.
13. In case, the Principal of the School does not have any
account; I hereby direct that the account shall be opened by
the Principal of that school, within two days from the date of
receipt of copy of this order and said amount shall be utilised
for the well being of the children of the said school.
14. Copy of the order be sent to the Principal of above
named school for information and compliance.
15. Accordingly, Criminal M.C.No.3252/2011 is allowed and
stands disposed of in above terms.
16. Dasti.
Crl.M.A.No.11575/2011(stay)
In view of the above orders passed in Criminal
M.C.No.3252/2011, instant application renders infructuous
and disposed of as such.
SURESH KAIT, J
September 28, 2011
Mk
