Shri Chaturbhuj & Ors. vs State & Anr.
2019 Latest Caselaw 5857 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: November 21, 2019

+      W.P.(CRL) 3258/2019 & Crl.M.A. 40752/2019

       SHRI CHATURBHUJ & ORS.                 ..... Petitioner
                    Through: Mr. N.S.Dalal & Ms. T.Banerjee,
                              Advocates.

                         Versus

       STATE & ANR.                                  ..... Respondents
                         Through:     Mr. Amanpreet Singh, Advocate
                                      for Mr.Rahul Mehra, Standing
                                      Counsel for respondent No.1/State
                                      with SI Anil Rathod
                                      Mr. M.K.Periwal, Advocate with
                                      respondent No.2 in person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 230/2016, under Section 420IPC, registered at police station Greater Kailash, New Delhi is sought on the basis of settlement of 14th September, 2019 reached between the parties.

Learned counsel for petitioners submits that the subject matter of this petition is essentially commercial and the financial dispute inter se parties stands amicably resolved. However, he submits that inadvertently one of the accused named in the FIR, namely Kuldeep, s/o Shri Ram Pal Singh, was not arrayed in this petition and has placed before this Court

Amended Memo of Parties dated 21st November, 2019.

The Amended Memo of Parties of 21st November, 2019 is taken on record.

Notice.

Mr. Amanpreet Singh, Advocate, appearing on behalf of Mr. Rahul Mehra, Standing Counsel for respondent No.1/State accepts notice and submits that respondent No.2 is present in the Court and that he has been duly identified to be complainant of FIR in question on the basis of identity proof furnished by him.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved and terms of settlement of 14th September, 2019 have been fully acted upon. Respondent No.2 submits that now, no grievance against petitioners survives and so, the FIR in question and proceedings emanating therefrom be quashed.

Since the subject matter of the FIR in question stands mutually and amicably resolved between the parties, no useful purpose would be served in continuation of proceedings arising out of FIR in question.

In view of the above, FIR No. 230/2016, under Section 420IPC, registered at police station Greater Kailash, New Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.

This petition stands disposed of accordingly.

(BRIJESH SETHI) JUDGE NOVEMBER 21, 2019 r