Rosy George & Ors vs State & Anr
2012 Latest Caselaw 2265 Del

$~35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CRL.M.C. 1159/2012

%              Judgment delivered on: 9th April, 2012


         ROSY GEORGE & ORS                ..... Petitioner
                      Through : Mr.Vikas Sharma, Adv.

                       Versus

         STATE & ANR                   ..... Respondent
                            Through : Mr. Navin Sharma, APP for State.
                            Mr. Sandeep Kumar, Adv. for R2.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

1        Notice issued.

2        Ld. APP accepts notice on behalf of State.

3        Mr. Sandeep Kamar, ld. Adv. accepts notice on behalf of respondent
No. 2.

4        With the consent of the learned counsels for the parties, the instant
petition is taken up for final disposal.

5        Vide the instant petition, the petitioners have sought to quash FIR

No.204/2008, registered for the offences punishable under Sections 420/468/471 Indian Penal Code, 1860 at P.S. Daryaganj, Delhi.

6 Further submits that vide MOU dated 03.12.2011, the matter has been amicably settled between the parties. Therefore, respondent No.2/ complainant is no more interested to pursue the case further.

7 Respondent No. 2 is personally present in the court today with his counsel, Mr. Sandeep Kumar, Advocate, who duly identifies him.

8 Ld. counsel for respondent No. 2 upon instructions submits that the matter has been settled and the respondent No. 2 does not want to pursue the matter and has no objection if the FIR is quashed.

9 Ld. APP for State submits that though the FIR in the matter was registered on 30.07.2008, however, the investigations in the matter are still pending and therefore, charge-sheet yet to be filed in the trial court.

10 Ld. APP for State has fairly conceded that the FIR pertains to Section 420 of Indian Penal Code, 1860, but the same is not made out in the instant case, therefore, in the interest of justice, the petition may be allowed.

11 Keeping in view the facts and circumstances of the case and statement of respondent No. 2 and in the interest of justice, I quash FIR No. 204/2008 registered at P.S. Darya Ganj, New Delhi.

12     No order as to costs.





 13     The petition is allowed on above terms.

14     Dasti.

                                             SURESH KAIT, J




APRIL 09, 2012
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