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52# $~ HIGH COURT OF DELHI
CRL.M.C. 2928/2011
LALIT GUPTA & ORS. Petitioners
Through; Mr. Dhruv Kumra, Advocate with Petitioners in person.
CRL.M.C. 2928/2011
LALIT GUPTA & ORS. Petitioners
Through; Mr. Dhruv Kumra, Advocate with Petitioners in person.
VERSUS
STATE & ORS. Respondents
Through: Mr. Mukesh Gupta, APP for the State with Inspector Ashok Kumar.
Mr. A.S. Kushwaha, Advocate for Respondent No. 2 with Respondent
No. 2 in person.
Through: Mr. Mukesh Gupta, APP for the State with Inspector Ashok Kumar.
Mr. A.S. Kushwaha, Advocate for Respondent No. 2 with Respondent
No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
02.09.2011 CrI.
M.A. No. 10350/2011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2928/2011 By this petition the Petitioners seek quashing of FIR No. 76/2010 under Sections 406/420/34 IPG registered at PS Economic Offences
Wing, New Delhi on the complaint of Respondent No. 2 Ms. Anita Arora.
The allegations as set out by the Complainant are that Petitioner
No. 1 cultivated relations with her daughter and thereafter she was compelled to form a partnership in the name and style of M/s Entity
02.09.2011 CrI.
M.A. No. 10350/2011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2928/2011 By this petition the Petitioners seek quashing of FIR No. 76/2010 under Sections 406/420/34 IPG registered at PS Economic Offences
Wing, New Delhi on the complaint of Respondent No. 2 Ms. Anita Arora.
The allegations as set out by the Complainant are that Petitioner
No. 1 cultivated relations with her daughter and thereafter she was compelled to form a partnership in the name and style of M/s Entity
CRL.M.C. 2928/2011
2011:DHC:9786 with the Petitioner No. 1. After some tim^e the Petitioner No. 1 siphoned off/embezzled considerable sums to his relations who are Petitioner Nos.
2 to 8 in the present Petition.
The Complainant/Respondent No. 2 is present in person and is identified by her counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have settled the matter and in view of the settlement arrived at between the parties
(copy of the compromise deed has been annexed to this petition as
Annexure-P2), she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Learned APP on instructions from the Investigating Officer states that this is essentially a partnership dispute and besides the
Complainant no other victim is involved in the present FIR.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 76/2010 under Sections 406/420/34 IPG registered at PS Economic Offences Wing, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition stands disposed of. Order dasti.
SEPTEMBER 02, 2011 'vn' ($4 ' R6 iAMAOL*\<^ |>6
MUKTA GUPTA, J.
Page 3 of <:R5\\N\ '{ V.
2011:DHC:9786 with the Petitioner No. 1. After some tim^e the Petitioner No. 1 siphoned off/embezzled considerable sums to his relations who are Petitioner Nos.
2 to 8 in the present Petition.
The Complainant/Respondent No. 2 is present in person and is identified by her counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have settled the matter and in view of the settlement arrived at between the parties
(copy of the compromise deed has been annexed to this petition as
Annexure-P2), she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Learned APP on instructions from the Investigating Officer states that this is essentially a partnership dispute and besides the
Complainant no other victim is involved in the present FIR.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 76/2010 under Sections 406/420/34 IPG registered at PS Economic Offences Wing, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition stands disposed of. Order dasti.
SEPTEMBER 02, 2011 'vn' ($4 ' R6 iAMAOL*\<^ |>6
MUKTA GUPTA, J.
Page 3 of <:R5\\N\ '{ V.
JUDGMENT