Ganesh Babu Gupta vs State & Anr.
2015 Latest Caselaw 1925 Del

$~21
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of Decision: March 04, 2015

+      CRL.M.C. 5201/2013 and Crl. M.A.                 Nos.   6749/2014,
       18761/2013 and Crl. M.B. No. 871/2014

       GANESH BABU GUPTA                                  ..... Petitioner
                           Through:     Mr. S.S. Kulshrestha, Senior
                                        Advocate       and Mr. A.S.
                                        Kulshrestha, Advocate

                           versus

       STATE & ANR                                    ..... Respondents
                           Through:     Mr. Navin Sharma, Additional
                                        Public Prosecutor for respondent-
                                        State with WSI Upkar Kaur
                                        Mr. Praveen Kr. Singh, Mr. Rajeev
                                        Gupta and Mr. Navlendu Kumar,
                                        Advocates for Respondent No. 2

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                            JUDGMENT

% (ORAL)

Quashing of FIR No. 237/2013, under Sections 420 of IPC registered at Police Station Rani Bagh, Delhi is sought in this petition on merits.

At the time of hearing of this petition, learned counsel for the parties had appeared and it was submitted by counsel for Respondent No. 2 that dispute between the parties stands resolved vide Settlement Deed of

CRL.M.C. 5201/2013 Page 1 7th October, 2013 and as per the aforesaid Settlement, an amount of `53 lakhs was to be paid by 24th December, 2013. Extension of time was sought by petitioner to comply with the aforesaid undertaking but despite number of opportunities granted to petitioner, he has not adhered to the out-of-court settlement arrived at between the parties.

Status report placed on record by respondent reveals that to obtain interim relief, petitioner paid a sum of `5 lakhs to respondent/complainant and thereafter he continues to be on interim bail during pendency of the present proceedings without abiding by the aforesaid Settlement.

In the considered opinion of this court, quashing of FIR in question is sought at the stage when the investigation is still pending. This petition is disposed of as pre-mature with direction to respondent-State to expeditiously conclude its investigation while ignoring the Settlement Deed which has not been acted upon by petitioner.

This petition and applications are disposed of while not commenting on merits of the case lest it may prejudice either side at trial.

Needless to say, petitioner would be at liberty to avail the remedy as per law in case the chargesheet is filed in this FIR case against the petitioner.

                                                           (SUNIL GAUR)
                                                               JUDGE
MARCH 04, 2015
rs




CRL.M.C. 5201/2013                                                    Page 2