Narender Kumar Khosla v. State of NCT of Delhi

1. FIR No. 165/2006 was registered against the petitioners under Sections 403/405/406/418/420/421/424 of the IPC at PS Hari Nagar on 01.04.2006 on the complaint of the respondent No. 1, namely, the National Small Industries Corporation Ltd.(NSIC), NSIC Bhawan, Okhia Industrial Estate, New Delhi-110020.

2. Ld. APP for the State submits that charge sheet has already been filed and the same is pending for trial in the trial court.

3. Ld. Counsel for the petitioners submits that since the petitioners were abroad during trial,, proceedings under 2011:DHC:8991 Sections 82/83 of the Cr.PC were initiated vide order dated 20.01.2011.

4. Ld. Counsel for the petitioner states that the petitioners have now resolved the disputes with the respondent No. 2/NSlC Ltd., which has not been denied by the Id. Counsel for the respondent No. 2.

5. Mr. R.K. Tyagi, Deputy Manager (Law) of the respondent N0.2/NSIC Ltd. is personally present in the Court and states that vide letter dated 11.08.2010 No Dues Certificate has been issued in favour of the petitioners, therefore, they have no issue pending against the petitioners. He further states that he is authorised by respondent No.2/NSlC Ltd. to pursue the matter and authorise to give no objection for quashing the aforesaid FIR.

6. Ld. Counsel for the respondent No. 2 has also drawn the attention of this Court to the order dated 03.09.2010 whereby the Execution Petition pending in the trial court was also withdrawn by the respondent No.2.

7. Since the parties have settled their all disputes and the respondent No.2 does not want to pursue the case any further and have no objection to the quashing of the aforesaid FIR, in the interest of justice, 1quash the FIR No.165/2006 registered against the petitioners under Sections 403/405/406/418/420/ 421/424 of the IPG at PS Hari Nagar and all proceedings emanating therefrom.

8. Accordingly, CRL.I^.C. No. 1922/2011 is allowed.

9. Ld. Counsel for the petitioners, on instructions, submits that the petitioners are voluntarily willing to- pay T50,000/- for welfare purposes. This Court welcomes this gesture of the petitioners. Accordingly, I direct the petitioners to deposit ?50,000/- within one month from today, with the Juvenile justice Board to be used for the welfare of the juveniles. Proof of the same shall be placed on record.

10. Dasti. Crl. M,A. No-6859/2011 Since the CRL.M.C. No. 1922/2011 is disposed of, this app^lication becomes infructuous. Dismissed as infructuous. SURE5H KAITJ JULY 22, 2011 RS A\ r > $-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 1922/2011 NARENDER KUMAR KHOSLA & ANR Petitioner Through: None. " versus STATE OF NCT OF DELHI Respondent Through: Ms.RItu Gauba, APP for State. CORAM; HON'BLE MR.

JUSTICE SURESH KAIT ORDER %

1. 10.08.2011 Matter listed today on the basis of office noting for direction.

2. Vide order dated 22.07.2011, instant Crl.M.C.No.1922/2011 was allowed and disposed of subject to costs of X 50,000/- was directed to be deposited with Juvenile Justice Board for the welfare of the Juveniles.

3. It is reported that Juvenile Justice Board has not accepted the same as the proper account was not naentioned in the order.

4. Accordingly, I modify the order dated 22.07.2011 to the extent of that the said costs of X 50,000/- shall be deposited in 'Delhi Child Welfare Fund', at Child Protection Unit, Department of Women and Child Development, 1, Canning Lane, K. G. Marg, New Delhi within a month from today.