Jain v. State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 14 Nov 2019 · 2019:DHC:5953
Brijesh Sethi
W.P.(Crl.) 2212/2019
2019:DHC:5953
criminal petition_allowed

AI Summary

The Delhi High Court quashed criminal proceedings under Sections 420 and 406 IPC following an amicable settlement between the parties and no objection from the complainant.

Full Text
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W.P.(Crl.) 2212/2019 HIGH COURT OF DELHI
Date of Decision: November 14, 2019
W.P.(CRL) 2212/2019 and CRL.M.A. 33191/2019
SHREE VARDHMAN DEVELOPERS PVT. LTD. ..... Petitioner
Through: Mr. Ajay Kumar Pipaniya and Mr. Rohit Arora, Ms. Minakshi Jyoti, Advocates alongwith AR Vijender
Jain in person
VERSUS
STATE (GOVT. OF NCT OF DELHI ) & ANR. ..... Respondents
Through: Mr. Tanuj Bhadana, Advocate for Mr. Avi Singh, ASC for State/R-1 with SI Muneesh Kumar, P.S.:
Barakhamba Road Ms. Srishti Thukral and Mr. Shivam Malhotra, Advocates for
R-2 alongwith AR Rajiv Aggarwal
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of Complaint bearing
No. CC 17083/2016 under Section 200 Cr.P.C. and FIR No. 50/2019, under sections 420/406 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Barakhamba Road and the proceedings emanating therefrom.
2019:DHC:5953 W.P.(Crl.) 2212/2019 The petitioner and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion, vide two Settlement Deeds dated 17.06.2019 and entire settlement amount in the sum of Rs. 57,73,959/- and Rs. 5,00,000/- have been paid to respondent no.2. Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, Complaint bearing No. CC 17083/2016 under Section

200 Cr.P.C. and FIR No. 50/2019, under sections 420/406 of the IPC, registered at P.S.: Barakhamba Road and the proceedings emanating therefrom are quashed. This petition stand disposed of. Pending application is disposed of as infructuous. Dasti. (BRIJESH SETHI) JUDGE NOVEMBER 14, 2019 2019:DHC:5953