Bank of Baroda v. State NCT of Delhi & Anr.

Delhi High Court · 03 Mar 2021 · 2021:DHC:817
Suresh Kumar Kait
CRL.M.C.710/2021
2021:DHC:817
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings arising therefrom based on an amicable settlement between the parties and the complainant's consent.

Full Text
Translation output
CRL.M.C.710/2021
HIGH COURT OF DELHI
Date of Decision: 03.03.2021
CRL.M.C. 710/2021
BANK OF BARODA ..... Petitioner
Through Mr.Krishan Kumar, Adv. with Mr.Neelanshu Roy, Adv.
VERSUS
STATE NCT OF DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Sumit PS Defence Colony.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.242/2016 dated 13.12.2016, registered at PS – Defence Colony, and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is 2021:DHC:817 CRL.M.C.710/2021 allowed.

5. Respondent No. 2 is personally present in Court with learned counsel and he has been identified by SI Sumit/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 17.02.2021 and settled all disputes.

7. The total settlement amount is ₹85,00,000/- and the respondent no. 2 has already received an amount of ₹42,50,000/-. A demand draft bearing No.256728 dated 02.03.2021 for the balance amount of ₹42,50,000/- is handed over to the respondent no. 2 today in the Court.

8. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

9. For the reasons afore-recorded, FIR No.242/2016 dated 13.12.2016, registered at PS – Defence Colony and consequent proceedings emanating therefrom are quashed.

10. The petition is, accordingly, allowed and disposed of.

JUDGE MARCH 03, 2021