R S India Global Energy Ltd. & Ors. vs State & Anr.
2019 Latest Caselaw 4485 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Date of decision: 19.09.2019.

+      CRL.M.C. 4566/2019
       R S INDIA GLOBAL ENERGY LTD. & ORS.               ..... Petitioners
                        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.

                        versus

       STATE & ANR.                                      ..... Respondents
                        Through:       Mr. Hirein Sharma, APP for State.
                                       Mr. Ravi Kishore, Adv. with Mr.
                                       Niraj Singh, Mr. Pramood Guntur &
                                       Ms. Preena, Advs. for R-2.

       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.0060/2017 dated 10.04.2017, registered at Police Station -

Economic Offences Wing for the offences punishable under Sections

409/420/467/468/471/477A/34 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 the accused.

6. Mr. Ramesh Gupta, learned Senior counsel appearing on behalf of the

petitioners, on instructions, 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 out of the said amount;

₹2 lakhs shall be paid in favour of Deaf and Dumb Welfare Centre,

Chander Nagar, Gurugram, Haryana;

₹1 lakh in favour of Advocate's Welfare Fund, Bar Council of Delhi;

₹1 lakh each in favour of Saket Bar Association and Dwarka Bar

Association, New Delhi

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

from today.

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

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

the petitioners any further.

10. For the reasons afore-recorded, the FIR No.0060/2017 dated

10.04.2017, registered at Police Station - Economic Offences Wing for the

offences punishable under Sections 409/420/467/468/471/477A/34 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