Rajinder Agarwal & Anr v. State (NCT of Delhi) & Anr

Delhi High Court · 19 Dec 2018 · 2018:DHC:8031
Sunil Gaur
CRL.M.C. 5003/2018
2018:DHC:8031
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 420/34 IPC after the complainant was fully compensated as per a civil decree, subject to payment of costs.

Full Text
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CRL.M.C. 5003/2018
HIGH COURT OF DELHI
Date of Order: December 19, 2018
CRL.M.C. 5003/2018
RAJINDER AGARWAL & ANR .....Petitioners
Through: Mr. Akhand Pratap Singh, Mr. Bahul Kalra and Ms. Aditi Mittal, Advocates
VERSUS
STATE (NCT OF DELHI) & ANR .....Respondents
Through: SI Kapil Yaduvanshi PS Vasant Kunj Respondent No. 2 with Counsel.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 557/2016 dated 19th November, 2016, under
Section 420/34 IPC, registered at police Station Vasant Kunj, New Delhi is sought in light of order of 31st August, 2018 which reflects that respondent-complainant has already received a sum of ₹20,00,000/- and remaining ₹10,00,000/- is to be paid at the time of quashing of this FIR.
Pertinently, order of 31st August, 2018, also takes note of the civil decree.
Petitioners’ counsel has handed over four demand drafts totalling
₹10,00,000/- to respondent No. 2, who is present in the Court alongwith his counsel. Respondent No. 2 has accepted it.
Since compliance of the order of 31st August 2018 has been made, 2018:DHC:8031
CRL.M.C. 5003/2018 therefore, no useful purpose would be served in continuing the proceedings arising out of FIR in question.
Consequentially, FIR No. 557/2016, under Section 420/34 IPC, registered at police station Vasant Kunj, New Delhi and proceedings emanating therefrom shall stand quashed, subject to cost of `50,000/- to be deposited by petitioners with the Prime Minister’s National Relief
Fund within four weeks and on placing proof of deposit of costs on record within two weeks thereafter.
This petition is disposed of in aforesaid terms.
Dasti.
(SUNIL GAUR)
JUDGE
DECEMBER 19, 2018 v 2018:DHC:8031
JUDGMENT