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$-77 HIGH COURT OF DELHI
W.P.(CRL) 1121/2011
GAUTAM KHAITAN
Thi-ough:
W.P.(CRL) 1121/2011
GAUTAM KHAITAN
Thi-ough:
VERSUS
STATE & ANR
Through:
Petitioner Mr.Sandeep Sethi, Sr. Advocate with
Mr.Mohit Mathur, Mr. Gautam Khaitan Mi". Hari Pillai Mr. Manish Ms.Susha and Mr. Adarsh Priyadarshi, Advocates.
Respondents Mr.Pawan Sharma, Standing Counsel
Mr. Rajesh Mahajan, ASC for the State along with Inspector Vivek
Maheshwari, EOW.
Ml". Manish Jain, Adv. for R-2 along with Mr.Vijay Seldiri, Director of the complainant company in person.
Through:
Petitioner Mr.Sandeep Sethi, Sr. Advocate with
Mr.Mohit Mathur, Mr. Gautam Khaitan Mi". Hari Pillai Mr. Manish Ms.Susha and Mr. Adarsh Priyadarshi, Advocates.
Respondents Mr.Pawan Sharma, Standing Counsel
Mr. Rajesh Mahajan, ASC for the State along with Inspector Vivek
Maheshwari, EOW.
Ml". Manish Jain, Adv. for R-2 along with Mr.Vijay Seldiri, Director of the complainant company in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
11.08.2011 This is a petition for quashing of FIR No. 150/2010 under Sections
409/420/468/471/120B IPC registered at PS Economics Offences Wing on the complaint of M/s Tina Finex Ltd., D-13, Chhattarpur Enclave, 100 Feet
Road, Mehi-auli through its directors Mr. Vijay Seldiri and Mr. Anil Seldiri.
Briefly the allegations as set out in the FIR are with regard to forgery
11.08.2011 This is a petition for quashing of FIR No. 150/2010 under Sections
409/420/468/471/120B IPC registered at PS Economics Offences Wing on the complaint of M/s Tina Finex Ltd., D-13, Chhattarpur Enclave, 100 Feet
Road, Mehi-auli through its directors Mr. Vijay Seldiri and Mr. Anil Seldiri.
Briefly the allegations as set out in the FIR are with regard to forgery
W.P.(CRL) 1121/2011 Page 1 of3
2011:DHC:18899 of the minutes of the meeting of the Board. Mr. Vijay Sekhri, Director of
Respondent No.2/Complainant is present in Court. He states that he is authorized to make statement on behalf of the complainant company. He has also placed on record a photocopy of the authorization in this regard, which is marked as Ex.-C. He states that de hors the averments made by the
Petitioner in the grounds the complainant has settled the matter with the
Petitioner and all other accused, who are mentioned in the abovementioned
FIR and do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. All civil disputes between the parties have also been resolved. Learned counsel for the Petitioner states that the Petitioner will ratify the resolution taken in the minutes of the meeting of the Board dated
15"' November, 2008.
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 puipose will be sei-ved 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. 150/2010 under Sections 409/420/468/471/
2011:DHC:18899 of the minutes of the meeting of the Board. Mr. Vijay Sekhri, Director of
Respondent No.2/Complainant is present in Court. He states that he is authorized to make statement on behalf of the complainant company. He has also placed on record a photocopy of the authorization in this regard, which is marked as Ex.-C. He states that de hors the averments made by the
Petitioner in the grounds the complainant has settled the matter with the
Petitioner and all other accused, who are mentioned in the abovementioned
FIR and do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. All civil disputes between the parties have also been resolved. Learned counsel for the Petitioner states that the Petitioner will ratify the resolution taken in the minutes of the meeting of the Board dated
15"' November, 2008.
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 puipose will be sei-ved 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. 150/2010 under Sections 409/420/468/471/
W.P. (CRL) 1121/2011 Page 2 of2
120B IPG registered at PS Economics Offences Wing and proceedings pursuant thereto are hereby quashed, subjectto costs of Rs.l lakh to be paid by the Petitioner 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.
Parties, who have been identified by their respective counsels and the
Investigating Officer, have signed this order sheet in aclaiowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
AUGUST 11, 2011 'vkm' MUKTA GUPTA,J ^ \ WVv (X \ U-I.
•3
120B IPG registered at PS Economics Offences Wing and proceedings pursuant thereto are hereby quashed, subjectto costs of Rs.l lakh to be paid by the Petitioner 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.
Parties, who have been identified by their respective counsels and the
Investigating Officer, have signed this order sheet in aclaiowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
AUGUST 11, 2011 'vkm' MUKTA GUPTA,J ^ \ WVv (X \ U-I.
•3
W.P.(CRL) 1121/2011 Page 3 of3
JUDGMENT