M/S Sepset Properties Pvt. Ltd. & ... vs State & Anr.
2020 Latest Caselaw 783 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: February 05, 2020

+      W.P.(CRL) 165/2020
       M/S SEPSET PROPERTIES PVT. LTD. & ANR. ... Petitioners
                     Through: Mr. Abdesh Chaudhary &
                               Ms. Manav Sharma, Advocates

                        Versus
       STATE & ANR.                                 ..... Respondents
                        Through:     Mr. Jamal Akhtar &
                                     Mr. Amanpreet Singh, Advocates
                                     for Mr. Rahul Mehra, Standing
                                     Counsel (Criminal) for respondent
                                     No.1/State with SI Inderveer Singh
                                     Ms. Anubha Singh, Advocate with
                                     complainant in person
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                        JUDGMENT

BRIJESH SETHI, J (oral)

Petitioners are seeking quashing of FIR No. 267/2019, under Sections 406/420/34 IPC, registered at police station Laxmi Nagar, Delhi on the basis of Memorandum of Understanding reached between the parties.

Notice.

Mr. Jamal Akhtar and Mr. Amanpreet Singh, Advocates appearing for Mr. Rahul Mehra, Standing Counsel (Criminal) for the State, Advocate, accept notice and Ms. Anubha Singh, Advocate, accepts notice

for respondent No.2.

Learned counsel appearing for respondent-State submits that respondent No.2, present in the Court, is the complainant/first-informant of the FIR in question and he has been identified to be so, by Investigating Officer of this case on the basis of identity proof produced by him. Learned Additional Public Prosecutor for State further submits that status report dated 2nd February, 2020 verifying the factum of settlement between petitioners and second respondent stands verified.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Memorandum of Understanding placed on record and he affirms the contents of his Affidavit of 20th January, 2020 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

In view of the aforesaid, subject to deposit of cost of Rs.25,000/- with the Advocates' Welfare Fund by the petitioners and placing receipt of deposit of cost with the Registrar General of this Court within two weeks, this petition is allowed and FIR No. 267/2019, under Sections 406/420/34 IPC, registered at police station Laxmi Nagar, Delhi and the proceedings emanating therefrom are quashed qua petitioners This petition stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 05, 2020 r