Vaibhav Aggarwal & Anr. vs State & Anr.
2018 Latest Caselaw 4510 Del

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on:02.08.2018
+      CRL.M.C. 3626/2018
VAIBHAV AGGARWAL & ANR.                              ..... Petitioners
                          versus

STATE & ANR.                                         .... Respondents


Advocates who appeared in this case:
For the Petitioner(s) :   Mr.Raju Bajaj, Adv
For the Respondent(s):    Ms.Neelam Sharma, Addl. PP for
                          the State.
                          Mr.Gaurav Kumar Singh, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

02.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No.651/2008 under Sections 406/420/465/467/468/469/471/381/506/34 at Police Station Malviya Nagar. After the filing of the chargesheet, the Trial Court in terms of order on charge dated 24.05.2017 has framed charge against the petitioner No.2 under Section 420/34 of the IPC and the petitioner No.1 under Section 420/381/506-II/34 of the IPC.

2. Petitioner No.1 was an employee of respondent No.2 and the subject FIR was registered on the complaint of respondent No.2

alleging theft of a laptop and a scanner.

3. Learned counsels for the parties submit that the parties have settled their disputes before the Mediation Centre, Saket Court on 08.03.2018. As per the settlement, the petitioner had agreed to pay a total amount of Rs.2 lakhs. The said amount is stated to have been paid. Respondent No.2 company is represented through its Managing Director Mr.Saikat Ghosh, who is also the complainant in the FIR. He submits that he has settled with the petitioner and also received the settlement amount. Status report does not point out that there are any adverse antecedents of the petitioner.

4. Respondent No.2 is present in court in person, represented by his counsel. He submits that he has settled the dispute with the petitioners and does not wish to press the complaint against them any further.

5. In view of the fact that the disputes between the petitioners and respondent No.2 have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6. In view of the above, the petition is allowed. FIR No.651/2008

under Sections 406/420/465/467/468/469/471/381/506/34 at Police Station Malviya Nagar and the consequent proceedings emanating therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 02, 2018 rk