Full Text
CRL.M.C. 2352/2018
SHUBH MARKETING PVT. LTD. & ORS , Petitioners
Through Mr. Bhaskar Mishra with Mr. Ashutosh Kumar and Ms. Kritika Khurana, Advocates.
Through Mr. Arun Kumar Sharma, APP for the State.
Mr. Piyush Agarwal, Advocate for the complainant with Mr. Sanjay Kumar
Mandal, AR ofthe company
04.05.2018
ORDER
1. The petitioner seeks quashing of FIR No.275/2017 under Sections 420/506/120B/34 IPG, Police Station New Friends Golony, based on a settlement.
2. The subject FIR was registered consequent to a commercial transaction between the petitioner and the respondent No.2 and emanated from a Development Agreement dated 18.10.2011 executed between the parties.
3. Learned counsel for the petitioners submits that a Settlement Deed dated 12.03.2018 has been executed between the parties, whereby, it has been agreed to settle all the disputes. Petitioners have agreed to pay a total sum of Rs.71,00,000/- toward full and final settlement of all outstanding amounts between the parties. The said amount of Rs.71,00,000/- havebeen received. CRL.M.C. 2352/2018 Page 1 2018:DHC:8458 f •
4. Mr. Sanjay Kumar Mandal, Sales and Marketing Head and Authorised Representative ofthe respondent Company is present. He has produced a Resolution of the Board of Directors dated 04.05.2018 authorising him to appear before the Court and consent to the quashing proceedings. The Board Resolution also specifically notes the Settlement Agreement dated 12.03.2018 between the parties. Mr. Sanjay Kumar Mandal, Sales and Market Head of the respondent Company confirms that the said amount of Rs.71,00,000/- has been received and he has no objection to the quashing of the subject FIR.
5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, continuation of criminal proceedings will be an exercise in futility and justice -in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanatingtherefrom.
6. In view of the above, FIR No.275/2017 under Sections 420/506/120B/34 IPQ, Police Station New Friends Colony and the consequent proceedings emanating there from are quashed, subject to payment of costs of Rs. 25,000/- to the Delhi High Court Advocates Welfare Trust within a period two weeks. Receipt of deposit of costs be furnished to the 10 within three weeks.
7. Order Dasti under the signatures ofthe Court Master. ^SANJEtV SACHDEVA, J MAY 04, 2018