Usha International Ltd. v. State NCT of Delhi & Anr.

1. The present petitions filed by Usha International Ltd. and Mr..M11 1 Jindal, who for the sake of convenience are being referred to as 2018:DHC:8289 petitioner no.l and 2 respectively,seek quashing ofFIR No.239/2009 u s 336/337IPC registered at Police Station Patel Nagar, Delhi alongwith all proceedings emanating therefrom, based on a settlement deed dated 09.10.2018 arrived at by the parties before the Delhi High Court Mediation and Conciliation Centre.

2. Mr. Menon, learned counsel for the petitioners submits that the petitioner no.l was a marketing agent for the petitioner no.2, who at the relevant point of time was carrying out the business of manutacturiiig gas-stoves. Fie submits that the respondent no.2 had purchased a gasstove from the petitioner no.l, the use whereofled to an accidental buin injury on the face ofthe respondent no.2 on 09.06.2009. Therefore, the respondent no.2 filed a complaint against both the petitioners and one Shri Sunil Wadhwa, the Managing Director of the petitioner no.l leading to the registration ofthe captioned FIR.

3. Mr.Menon submits that that matter was settled between Shri Suni i Wadhwa and the respondent no.2 in 2012 itself and consequently, the FIR qua him was quashed by this Court on 05.12.2012. He further submits that now with the intervention of the Delhi High Court Mediation and Conciliation Centre, the petitioner no.l and 2 have also resolved all their disputes with the respondent no.2 and have entered inic a settlement agreement on 09.10.2018, pursuant whereto the entire agreed amount of Rs.[5] lakhs has been paid by the petitioners to tlie respondent no.2. He submits that the petitioners are willing to pay an\ further costs as may be directed by this Court and, therefore, prays thai the aforesaid FIR and all proceedings emanating therefrom be quashed.

4. The petitioner no.l, who is represented through its authorised representative Mr.Pradeep Jain, petitioner no.2/Mr.Atul Jindal as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. 1 have also interacted with the respondent no..T who states that he has decided to resolve his differences with the petitioners of his own free will and has entered into the seltlcmen! agreement without any coercion. He also states that he has received tlic entire agreed amount and does not want the criminal proceedings t(! continue as he too wants to move on in life and does not want an} furtlier acrimony with the petitioners.

5. 1 have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the parties have resolved their disputes and the matter does not involve an\ pubin interest, as also the admitted position that the petitioner no.2 is no longer manufacturing gas stoves, 1 find that no useful purpose will be served in continuing with the criminal proceedings. In my view, the ends ed justice demand that the FIR and consequential proceedings be quashed,

6. Accordingly,the petition is allowed and the captioned FIR and all proceedings emanating therefrom are quashed, subject to the petitioner nos. 1 and 2 depositing a sum of Rs.25,000/- each to the Delhi High Court Advocates Welfare Trust within two week. A copy of the reeeipi of deposit of costs will be handed over to the Investigating Officer tor production before the Trial Court. u

7. The petitions alongwith the pending application are disposed ofin the above terms. ( REK NOVEMBER 19,2018 sr