Full Text
HIGH COURT OF DELHI
Date of Decision: 19.09.2019.
R S INDIA GLOBAL ENERGY LTD. & ORS. ..... Petitioners
Through: Mr. Ramesh Gupta, Sr. Adv. with Mr. Rajinder Singh, Ms. Nirpreet Kaur, Rishabh Gupta, Mr. Digvijay Singh, Mr.Zubin Singh & Mr. Ajay P.
Tushir, Advs.
Through: Mr. Hirein Sharma, APP for State.
Mr. Ravi Kishore, Adv. with Mr. Niraj Singh, Mr. Pramood Guntur &
Ms. Preena, Advs. for R-2.
JUDGMENT
1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.0060/2017 dated 10.04.2017, registered at Police Station – Economic Offences Wing for the offences punishable under Sections 409/420/467/468/471/477A/34 IPC and all other proceedings emanating therefrom.
2. Notice issued. 2019:DHC:4738
3. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.
4. The present petition is filed on the ground that the petitioners and respondent No. 2 have settled their disputes and the terms of settlement are filed as Annexure P- 3, dated 19.11.2018 and the respondent No. 2 has no objection, if the present petition is allowed.
5. Learned APP has opposed the present petition and submits that if this Court is inclined to quash the FIR, heavy cost be imposed upon the complainant and the accused.
6. Mr. Ramesh Gupta, learned Senior counsel appearing on behalf of the petitioners, on instructions, has come forward and agreed to pay ₹5 lakhs for the purposes of welfare of needy persons/institute.
7. Learned senior counsel further submits that out of the said amount; ₹2 lakhs shall be paid in favour of Deaf and Dumb Welfare Centre, Chander Nagar, Gurugram, Haryana; ₹1 lakh in favour of Advocate’s Welfare Fund, Bar Council of Delhi; ₹1 lakh each in favour of Saket Bar Association and Dwarka Bar Association, New Delhi
8. Accordingly, let above notice payment be made within two weeks from today.
9. Taking into account the aforesaid facts, this Court is inclined to quash the aforementioned FIR as no useful purpose would be served in prosecuting the petitioners any further.
10. For the reasons afore-recorded, the FIR No.0060/2017 dated 10.04.2017, registered at Police Station – Economic Offences Wing for the offences punishable under Sections 409/420/467/468/471/477A/34 IPC and consequent proceedings emanating therefrom are quashed.
11. The petition stands allowed and accordingly disposed of.
12. Order dasti, under the signature of Court Master.
JUDGE SEPTEMBER 19, 2019 k