DIt. Peter Hopp & Anr. v. State & Anr.

Delhi High Court · 11 Aug 2011 · 2011:DHC:18845
Mukta Gupta
w.P.(cRL) 485/2011
2011:DHC:18845
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR alleging forgery under IPC Sections 409, 420, 468, 471, and 120B following an amicable settlement between the parties, subject to payment of costs.

Full Text
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$-41 HIGH COURT OF DELHI w.P.(cRL) 48512011 DIt. PETER HOPP & ANR. ..... Petitioners
Through: Mr.Sandeep Sethi, Sr. Advocate with Mr.Mohit Mathur, Mr. Gautam Khaitan Mr. Hari Pillai Mr. 'Manish
Ms.Susha and Mr. Adarsh Priyadarshi, Advocates.
VETSUS
STATE & ANR ..... Respondents 'fhrough: Mr.Pawan Sharma, Standing Counsel for the State along with Inspector
Vivek Maheshwari, EOW.
Mr. Manish Jain, Adv. for R-2 along with Mr.Vijay Sekhri, Director of the complainant company in person.
CORAM:
IION'BLE MS. JUSTICE MUKTA GUPTA
ORDER o 11.08.2011 This is a petition for quashing of FIR No. 15012010 under Sections the cornplaint of \zlls Tina Finex Ltd., D-13, Chhattarpur Enclave, 100 Iiect
Road, Mehrauli through its directors Mr. Vtjay Sekhri and Mr. Anil Sekhri.
Briefly the allegations as set out in the FIR are with regard to forgery w.P.(cRL) 48s/201I Page I of 3
2011:DHC:18845 I of the rninutes of the rneeting of the Board. Mr. Vijay Sekhri, Direclor of
Respondent No.2/Complainant is present in Cour1. He states that he is authorized to rnake statement on behalf of the complainant company. FIe has also placed en record a photocopy of the authorization in this regard, which is marked as Ex.-C. He states that de hors lhc avet'ments ttradc by the
Petitioners in the grounds the compiainant has
'settled the matter with thc Petitioners and all other accused, who are mentioned in the abovetnentioned
FIR and do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. A1l civil disputes between the parlies have also been resolved. Learned counsel for the Petitioners states that the Petitioners will ratify the resolution taken in the minutes of the meeting of the Board dated
15tl'November, 2008.
In view of the fact that the parties have arnicably resolved their differences of their own free will, volition and without any coercion and no useful pu{pose 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 procecdings pursuant thereto.
Consequently, FIR No. 15012010 under Sections 4091420146814711
W.P.(CHI) 48s/201I 1208 IPC registered at PS Economics Offences Wing and proceedings pursgant thereto are hereby quashed, subject to costs of Rs.1 lakh each to be paid by the Petitioners and Rs.8 lakhs to be paid by the complainant in lump sum. The costs shall be deposited in the Prime Minister Relief Fund within two weeks.
Pafties, who have been identified by their respective counsels and the
Investigating Officer, have signed this order sheet in acknowledgment of their statements made before this Coutt.
Petition is disposed of. Order dasti.
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JUDGMENT