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W.P.(Crl.) 411/2020 1 HIGH COURT OF DELHI
Date of Decision: February 28, 2020
Date of Decision: February 28, 2020
W.P.(CRL) 411/2020 & Crl.M.A. 3075/2020
MANOJ ..... Petitioner
Through: Mr.Rajesh Singh & Ms.Barkha Khattar, Advocates with petitioner in person
MANOJ ..... Petitioner
Through: Mr.Rajesh Singh & Ms.Barkha Khattar, Advocates with petitioner in person
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.Ranbir Singh Kundu, Additional Standing Counsel with
Mr.Shivom Sohran &Mr.Hitesh Vali, Advocates for respondent
No.1/State with ASI R.K.Sharma Mr. Sahil Aggarwal, Advocate with respondent No.2
Through: Mr.Ranbir Singh Kundu, Additional Standing Counsel with
Mr.Shivom Sohran &Mr.Hitesh Vali, Advocates for respondent
No.1/State with ASI R.K.Sharma Mr. Sahil Aggarwal, Advocate with respondent No.2
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Vide this petition, quashing of FIR No. 175/2018, registered at police station Hauz Khas, New Delhi for the offences under Section 408
IPC is sought on the basis of Settlement of 23rd December, 2019 reached between the parties.
Notice.
2020:DHC:1452 W.P.(Crl.) 411/2020 2 Mr. R.S.Kundu, Additional Standing Counsel, accepts notice for respondent No.1/State and Mr. Sahil Aggarwal, Advocate, accepts notice for respondent No.2.
Learned Additional Standing Counsel for respondent-State submits that respondent No.2 is represented through its Director, who is present in the Court and he has been identified to be so, by Investigating Officer of this case.
Mr. Bharat Sharma, Director of respondent No.2, present in the
Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement of 23rd December, 2019 and he affirms the contents of his Affidavit of 4th February, 2020 supporting this petition and submits that now no dispute with petitioner 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 FIR No. 175/2018, under
Section 408 IPC, registered at police station Hauz Khas, New Delhi and the proceedings emanating therefrom are quashed qua petitioner.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 28, 2020 r 2020:DHC:1452
Vide this petition, quashing of FIR No. 175/2018, registered at police station Hauz Khas, New Delhi for the offences under Section 408
IPC is sought on the basis of Settlement of 23rd December, 2019 reached between the parties.
Notice.
2020:DHC:1452 W.P.(Crl.) 411/2020 2 Mr. R.S.Kundu, Additional Standing Counsel, accepts notice for respondent No.1/State and Mr. Sahil Aggarwal, Advocate, accepts notice for respondent No.2.
Learned Additional Standing Counsel for respondent-State submits that respondent No.2 is represented through its Director, who is present in the Court and he has been identified to be so, by Investigating Officer of this case.
Mr. Bharat Sharma, Director of respondent No.2, present in the
Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement of 23rd December, 2019 and he affirms the contents of his Affidavit of 4th February, 2020 supporting this petition and submits that now no dispute with petitioner 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 FIR No. 175/2018, under
Section 408 IPC, registered at police station Hauz Khas, New Delhi and the proceedings emanating therefrom are quashed qua petitioner.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 28, 2020 r 2020:DHC:1452