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W.P.(Crl.) 631/2020 1 HIGH COURT OF DELHI
Date of Decision: March 05, 2020
Date of Decision: March 05, 2020
W.P.(CRL) 631/2020 & Crl.M.A. 4875/2020
NAVEEN GUPTA & ANR. ..... Petitioners
Through: Mr. Tejinder Singh, Advocate.
NAVEEN GUPTA & ANR. ..... Petitioners
Through: Mr. Tejinder Singh, Advocate.
VERSUS
STATE & ANR. ..... Respondent
Through: Mr. R.S.Kundu, Additional Standing Counsel for resopdnent
No.1/State with SI Shravan Kumar Mr. Anurag Chauhan, Advocate with respondent No.2 in person.
Through: Mr. R.S.Kundu, Additional Standing Counsel for resopdnent
No.1/State with SI Shravan Kumar Mr. Anurag Chauhan, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Vide this petition, quashing of eFIR No. OD-PCE-001631/2019, registered at police station Paschim Vihar East, New Delhi for the offences under Sections 379/406 IPC is sought on the basis of Settlement
Agreement of 2nd March, 2020 between the parties.
Notice.
Mr. R.S.Kundu, Additional Standing Counsel, accepts notice for respondent No.1/State and Mr. Anurag Chauhan, Advocate, accepts notice for respondent No.2.
Learned Additional Standing Counsel for respondent-State submits that petitioners as well as respondent No.2, who is the complainant of FIR
2020:DHC:1592 W.P.(Crl.) 631/2020 2 in question, are present in the Court they have been identified to be so, by
Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement
Agreement of 2nd March, 2020 and in terms thereof, she has today received a sum of Rs.7,00,000/- by way of bankers cheque bearing No.
129762, dated 3rd March, 2020, drawn on State Bank of India, New Delhi from petitioner. She affirms the contents of her Affidavit of 2nd March, 2020 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and eFIR No. OD-PCE-
001631/2019, under Sections 379/406 IPC, registered at police station
Paschim Vihar East, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
MARCH 05, 2020 r 2020:DHC:1592
Vide this petition, quashing of eFIR No. OD-PCE-001631/2019, registered at police station Paschim Vihar East, New Delhi for the offences under Sections 379/406 IPC is sought on the basis of Settlement
Agreement of 2nd March, 2020 between the parties.
Notice.
Mr. R.S.Kundu, Additional Standing Counsel, accepts notice for respondent No.1/State and Mr. Anurag Chauhan, Advocate, accepts notice for respondent No.2.
Learned Additional Standing Counsel for respondent-State submits that petitioners as well as respondent No.2, who is the complainant of FIR
2020:DHC:1592 W.P.(Crl.) 631/2020 2 in question, are present in the Court they have been identified to be so, by
Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement
Agreement of 2nd March, 2020 and in terms thereof, she has today received a sum of Rs.7,00,000/- by way of bankers cheque bearing No.
129762, dated 3rd March, 2020, drawn on State Bank of India, New Delhi from petitioner. She affirms the contents of her Affidavit of 2nd March, 2020 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and eFIR No. OD-PCE-
001631/2019, under Sections 379/406 IPC, registered at police station
Paschim Vihar East, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
MARCH 05, 2020 r 2020:DHC:1592