Klj Developers Private Limited vs State (Govt Of Nct Of Delhi & Anr.
2020 Latest Caselaw 3015 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: 4th November, 2020

+      CRL.M.C. 1603/2020 & Crl.M.A.9980/2020

       KLJ DEVELOPERS PRIVATE LIMITED                     ..... Petitioner

                         Through     Mr. Vikas Sharma, Adv. with

                                     Mr.Mukul Aggarwal, DGM (Legal)

                         versus

       STATE (GOVT OF NCT OF DELHI & ANR.                 .... Respondents

                         Through     Mr. Izhar Ahmed, APP for the State

                                     with SI Naresh, PS Moti Nagar, Delhi

                                     Ms. Ritu Chaudhary, Adv. for R-2

                                     with R-2 in person


       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for

quashing of FIR No.433/2020 dated 04.06.2020, registered at PS - Moti

Nagar, New Delhi and all other proceedings arising therefrom.

2. Learned counsel for the petitioner submits that the petitioner and

respondent No.2 have entered into a settlement, therefore, the respondent

No.2 is no more interested in further proceeding the matter.

3. Respondent No.2 is personally present in Court with learned counsel

and he been identified by SI Naresh/IO and submits that matter has been

settled and he has received the amount as per the settlement. Respondent

No.2 further submits that he does not wish to prosecute the matter any

further.

4. Learned APP has opposed the present petition and submits that due to

the registration of FIR, government machinery came in motion and a lot of

precious public time has been consumed, therefore, if this Court is inclined

to quash FIR, heavy cost may be imposed upon petitioner.

5. Learned counsel for petitioner, on instructions from petitioner, has

come forward and agreed to contribute an amount of Rs.2,00,000/- for

welfare purposes. Accordingly, petitioner is directed to pay this amount in

the following manner:-

(a) Rs.1,00,000/- in favour of Bharat Ke Veer.

(b) Rs.50,000/- in favour of Delhi Police Martyrs Fund.

(c) Rs.50,000/- in favour of High Court of Delhi Middle Income

Group Legal Aid Society in A/c No.15530110135488.

6. Petitioner is directed to pay the aforesaid amounts within two weeks

and receipt of the same shall be furnished to IO/SHO concerned.

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

FIR as no useful purpose would be served in prosecuting petitioner any

further.

8. For the reasons afore-recorded, FIR No.433/2020 dated 04.06.2020,

registered at PS - Moti Nagar, New Delhi and consequent proceedings

emanating therefrom are quashed.

9. The petition is, accordingly, allowed and disposed of.

10. Pending application is also disposed of.

11. The order be uploaded on the website forthwith.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 04, 2020/rk