Petitioners Mr. Sunil Kumar and Ms. Karuna Nidhar, Advocate with Petitioners in person. v. NCT OF DELHI & ANR .....

Delhi High Court · 24 Aug 2011 · 2011:DHC:10776
Respondent No. 2 with Respondent NO. 2 in person.; HON'BLE MS. JUSTICE 1\tlUKTA GUPTA; As per the complaint it was alleged that the Complainant/Respondent; No. 2 and his wife had invested Rs.7,35,000/- only in 11 different chit groups; In ·view of the fac
2011:DHC:10776
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 420 and 406 IPC based on an amicable settlement between the parties, holding that continuation of proceedings would serve no useful purpose.

Full Text
Translation output
"'-/ 1# $~ 3 HIGH COURT OF DELHI
CRL.M.C. 2570/2011
AJAY SAGWAN & ANR
Through: ..... Petitioners Mr. Sunil Kumar and Ms. Karuna Nidhar, Advocate with Petitioners in person.
VERSUS
NCT OF DELHI & ANR ..... Respondents
CORAM:
Through: Mr. Manoj Ohri, APP for the State with
SI Sunil Kumar, PS Kotla Mubarakpur, Delhi.
Mr. Vijay Kumar and Mr. Satya Prakash Gautam, Advocate for
Respondent No. 2 with Respondent NO. 2 in person.
HON'BLE MS. JUSTICE 1\tlUKTA GUPTA
ORDER o/o 24.08.2011 By this petition the Petitioners seek quashing ofFIR No. 183/2011 under
Sections 420/406 IPC registered at PS Kotla Mubarakpur, New Delhi.
As per the complaint it was alleged that the Complainant/Respondent
No. 2 and his wife had invested Rs.7,35,000/- only in 11 different chit groups
'~ of the Petitioners' chit funds. However, after taking the money on maturity no payment was made and thus the Petitioners have committed cheating and criminal breach oftrust with the Respondent No.2.
As per the status report filed by the State besides the Respondent No.2 and his wife there is no other victim involved in the present FIR.
CRL.M.C. 257012011 Page 1 of2 , ~ :-~ ' ,, u I
-' 2011:DHC:10776 ,-.-·, ~~ Respondent No. 2 and his wife who are present in Court are identified b~ their learned counsel and the Investigating Officer. They state that the
Petitioners and Respondent No.2/Complainant have entered into a settlement and no grievance is left between the parties. They further state that in view of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
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. 183/2011 under Sections 420/406 IPC registered at PS Kotla Mubarakpur, 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 is disposed of. Order dasti.
~M MUKTA GUPTA, J.
AUGUST 24, 2011/'vn' CRL.M.C. 257012011 ·~ ~5~ t\yv>:'~v 4~·
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JUDGMENT