Manoj vs State & Anr
2020 Latest Caselaw 1360 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: February 28, 2020

+      W.P.(CRL) 411/2020 & Crl.M.A. 3075/2020
       MANOJ                                          ..... Petitioner
                        Through:    Mr.Rajesh Singh & Ms.Barkha
                                    Khattar, Advocates with petitioner
                                    in person

                        Versus

       STATE & ANR.                                ..... Respondents
                        Through:    Mr.Ranbir Singh Kundu,
                                    Additional Standing Counsel with
                                    Mr.Shivom Sohran &Mr.Hitesh
                                    Vali, Advocates for respondent
                                    No.1/State with ASI R.K.Sharma
                                    Mr. Sahil Aggarwal, Advocate
                                    with respondent No.2

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                        JUDGMENT

BRIJESH SETHI, J (oral)

Vide this petition, quashing of FIR No. 175/2018, registered at police station Hauz Khas, New Delhi for the offences under Section 408 IPC is sought on the basis of Settlement of 23rd December, 2019 reached between the parties.

Notice.

Mr. R.S.Kundu, Additional Standing Counsel, accepts notice for respondent No.1/State and Mr. Sahil Aggarwal, Advocate, accepts notice for respondent No.2.

Learned Additional Standing Counsel for respondent-State submits that respondent No.2 is represented through its Director, who is present in the Court and he has been identified to be so, by Investigating Officer of this case.

Mr. Bharat Sharma, Director of respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement of 23rd December, 2019 and he affirms the contents of his Affidavit of 4th February, 2020 supporting this petition and submits that now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end.

Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.

Accordingly, this petition is allowed and FIR No. 175/2018, under Section 408 IPC, registered at police station Hauz Khas, New Delhi and the proceedings emanating therefrom are quashed qua petitioner.

This petition and application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 28, 2020 r