Sunil Kumar & Ors. vs State & Ors.
2019 Latest Caselaw 6701 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: December 20, 2019

+     W.P.(CRL) 3556/2019 & Crl.M.A. 43232/2019

      SUNIL KUMAR & ORS.                               ..... Petitioners
                   Through:          Mr. Pradeep Kumar Saini,
                                     Advocate with petitioners in
                                     person

                        Versus

      STATE & ORS.                                  ..... Respondents
                        Through:     Mr. Jamal Akhtar, Additional
                                     Standing Counsel for respondent
                                     No.1/State with SI Bharm Singh
                                     Mr. Rajiv Mohan, Mr. Abhimanyu
                                     Kampani, Mr. Swapnil Krishna &
                                     Ms. Tejasva Mehra, Advocates
                                     with respondents No. 2 & 3 in
                                     person

      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                        JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 191/2018, under Sections 420/468/471/120B IPC, registered at Economic Offences Wing, New Delhi is sought on the basis of mediated Settlement Agreement of 20th November, 2019 reached through Delhi High Court Mediation and Conciliation Centre.

Notice.

Mr. Jamal Akhtar, learned Additional Standing Counsel for respondent-State accepts notice and submits that respondents No.2 & 3, are present in the Court and they have been identified by Investigating Officer of this case.

Respondents No.2 & 3, present in the Court, submit that the dispute between the parties has been amicably resolved in terms of mediated Settlement Agreement of 20th November, 2019. They submit that they the terms of aforesaid Settlement Agreement of 20 th November, 2019 have been fully complied with. They affirm the contents of their affidavits supporting this petition and submit that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

Since the subject matter of dispute stands amicably resolved between the parties, continuance of proceedings arising out of the FIR in question would be an exercise in futility.

Accordingly, this petition is allowed and FIR No. 191/2018, under Sections 420/468/471/120B IPC, registered at Economic Offences Wing, New Delhi and the proceedings emanating therefrom are quashed qua petitioners subject to providing 50 saplings of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10" Earthen pot; 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10"Earthen pot and 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in 10"earthen pot, by the petitioners with the Director (Horticulture), Pandara Road, New Delhi.

Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a

cost of Rs. 50,000/- which shall be deposited with the Delhi High Court Staff Welfare Fund.

This petition and application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 20, 2019 r