Citation : 2018 Latest Caselaw 5473 Del
Judgement Date : 11 September, 2018
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.09.2018
+ CRL.M.C. 2361/2018
POONAM SHOKEEN & ANR ..... Petitioners
versus
STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr.Man Mohan Yadav, Advocate.
For the Respondent: Mr.Raghuvinder Verma, APP for the State.
SI Sunil Kumar, PS Dwarka North.
Respondent No.2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.09.2018
SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.8396/2018 (exemption)
Exemption allowed subject to all just exceptions. CRL.M.C. 2361/2018
1. The petitioner seeks quashing of FIR 139/2014 under Section 420 IPC read with Section 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978, Police Station Dwarka North.
2. Allegations in the FIR are that petitioners were running a chit fund scheme and respondent had deposited some money with them. Apart from the present FIR, several complaints were registered against the petitioner. Petitioner has settled with most of the complainants.
3. Parties have settled their disputes at the Mediation Centre, Dwarka Courts and a Settlement Agreement dated 07.03.2017 has been executed between the parties. As per the settlement, the petitioner has agreed to pay a sum of Rs.1,25,000/- to respondent No.2.
4. The respondent No.2 who is present in Court is identified by the Investigating Officer. He confirms that he has received Rs.1,25,000/- and does not wish to press the complaint against the petitioners any further and has no objection in case the subject FIR is quashed.
5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, 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 139/2014 under Section 420 IPC read with Section 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978, Police Station Dwarka North and the consequent proceedings emanating therefrom are, accordingly quashed.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 11, 2018 rk
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