Ram Kumar vs State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 4204 Del

$~24

* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 23.07.2018

+      CRL.M.C.2468/2018
RAM KUMAR                                                ..... Petitioner

                           versus

STATE (NCT OF DELHI) & ANR                               ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Triloki Pandit, Advocate

For the Respondents :      Ms. Neelam Sharma, APP for the State
                           with SI Manoj Chahar, PS Paschim Vihar

                           Mr. D. Kumar with Mr. Raja Ram Tripathi,
                           Advocates for respondent No.2

CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                           ORDER

% 23.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.91 of 2010 under Sections 420/468/471 of the IPC at Police Station Paschim Vihar.

2. Allegations in the FIR are that the petitioner impersonated a collecting agency for a finance company and collected Rs.64,000/- from the complainant.

3. Parties have settled their disputes and compromise deed dated 27.05.2017 has been executed wherein petitioner has agreed to pay a total amount of Rs.67,000/- in full and final settlement of all claims of respondent No.2.

4. Rs. 33,500/- has already been paid to the respondent No.2. Balance sum of Rs. 33,500/- is being paid today in court by way of Demand Draft No.777909 dated 07.05.2018 drawn on State Bank of India.

5. Status report has been filed which indicates that the antecedents of the petitioner are clear.

6. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. He submits that he has settled his disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the FIR.

7. In view of the fact that the disputes between the parties 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; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

8. In view of the above, the petition is allowed. FIR No. 91 of

2010 under Sections 420/468/471 of the IPC at Police Station Paschim Vihar and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioner depositing costs of Rs.7,500/- with the Delhi High Court Bar Association Employees Welfare Fund, within a period of two weeks. The receipt of deposit of costs imposed by this order be furnished to the concerned I.O. within a period of three weeks from today.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J

JULY 23, 2018/ns