Fernas Construction India Pvt Ltd vs State (Nct Of Delhi) & Anr
2017 Latest Caselaw 4683 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2057/2017 & CRL.M.A. 13452/2017
         FERNAS CONSTRUCTION INDIA PVT LTD ..... Petitioner
                      Through: Mr.Dayan Krishnan, Sr. Advocate with
                      Mr.Ajay Bhargava, Mr.Rajiv Bhatnagar and
                      Ms.Meherunnisa Anand, Advocates.

                            versus

         STATE (NCT OF DELHI) & ANR                 ..... Respondents
                       Through: Ms.Richa Kapoor, ASC for the State
                       with IO Insp.Ram Kishan, DIU/South West, Delhi.
                       Mr.R.K. Tripathi, Advocate for R-2 along with
                       Mr.Amit Jha, Director of respondent no.2/
                       company.

         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                      ORDER

% 01.09.2017

1. A joint application has been filed by the petitioner and the respondent no. 2 to the effect that pursuant to the registration of the FIR, the parties have amicably settled the present dispute being the subject matter of the FIR No. 166/2017 dated 04.06.2017 registered with PS Dwarka (North) under Section 406 of IPC which may be quashed. Along with the application, settlement agreement dated 09.08.2017 between the parties is placed on record.

2. Mr. Amit Jha, Director of the respondent no. 2/complainant company is present. He is being represented by his counsel. Learned senior counsel for the petitioner and respondent no. 2 points out the term and

condition No. 3 of the settlement agreement dated 09.08.2017 by which the petitioner company has agreed to return the Bank Guarantee No.05/2014 issued by Canara Bank to respondent/complainant company.

3. Learned senior counsel for the petitioner submits that though they have sought encashment of the said Bank Guarantee but the same has not been encashed so far and that they will obtain the original Bank Guarantee from Canara Bank and hand it over to the respondent no. 2 against acknowledgement.

4. Learned ASC through the IO submits that the charge sheet has so far not been filed, and the case is at the preliminary stage of investigation.

5. In the facts and circumstances of the case, when the parties have settled the matter vide Settlement Agreement dated 09.08.2017, no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No. 166/2017, registered on 04.06.2017 with Police Station Dwarka North, Delhi, under Sections 406 IPC and proceedings arising out of the said FIR are hereby quashed subject to petitioner company handing over the original Bank Guarantee No. 05/2014 issued by Canara Bank, to the respondent no. 2 within two weeks.

6. The application and the petition are disposed of accordingly.

7. DASTI.

VINOD GOEL, J.

SEPTEMBER 01, 2017 "shailendra"