Deepak Amitabh & Ors. vs State & Anr.
2019 Latest Caselaw 4484 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision: 19.09.2019
+     CRL.M.C. 4556/2019
      DEEPAK AMITABH & ORS.                            ..... Petitioner
                        Through:     Mr. Sidharth Luthra, Sr. Adv. with
                                     Mr. Ravi Kishore, Adv. with Mr.
                                     Niraj Singh, Mr. Pramood Guntur &
                                     Mr. Prerna, Advs.
                        versus

      STATE & ANR.                                      ..... Respondents
                        Through:     Mr. Ramesh Gupta, Sr. Adv. with
                                     Mr. Rajinder Singh, Ms. Nirpreet
                                     Kaur, Rishabh Gupta, Mr. Digvijay
                                     Singh, Mr.Zubin Singh & Mr. Ajay P.
                                     Tushir, Advs. for R2.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek direction thereby

quashing FIR No. 194/2017 dated 15.11.2017, registered at Police Station -

Economic Offences Wing for the offences punishable under Sections

384/420/499/120B IPC and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

4. The present petition is filed on the ground that the petitioners and

respondent No. 2 have settled their disputes and the terms of settlement are

filed as Annexure P- 3, dated 19.11.2018 and the respondent No. 2 has no

objection if the present petition is allowed.

5. Learned APP has opposed the present petition and submits that if this

Court is inclined to quash the FIR, heavy cost be imposed upon the

complainant and accused.

6. Mr. Sidharth Luthra, Senior Counsel on behalf of the petitioners on

instruction has come forward and agreed to pay ₹5 lakhs for the purposes of

welfare of needy persons/institute.

7. Learned Senior counsel further submits that for the petitioner out of

the said amount;

₹1 lakhs shall be paid in favour of Advocate's Welfare Fund, Delhi

Bar Counsel;

₹1 lakh in favour of Blind School, Amar Colony;

₹1 lakh in favour of High Court Library Fund;

₹1 lakh in favour of Delhi High Court Legal Service Authority;

₹1 lakh in favour of Deaf and Dum Welfare Centre, Chander Nagar,

Gurugram, Haryana;

8. Accordingly, let above payment be made within two weeks from

today.

9. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

10. For the reasons afore-recorded, the FIR No. 194/2017 dated

15.11.2017, registered at Police Station - Economic Offences Wing for the

offences punishable under Sections 384/420/499/120B IPC and consequent

proceedings emanating therefrom are quashed.

11. The petition stands allowed and accordingly disposed of.

12. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 19, 2019 k