Ajay Kumar v. State (NCT of Delhi) & Anr

Delhi High Court · 08 Jan 2018 · 2018:DHC:8670
Indermeet Kaur
W.P.(CRL) 2477/2017
2018:DHC:8670
criminal petition_allowed

AI Summary

The Delhi High Court quashed a cheating FIR based on a bona fide settlement between parties and imposed costs on petitioners for investigation expenses.

Full Text
Translation output
,"N $-14& 15 HIGH COURT OF DELHI
W.P.(CRL) 2477/2017, Crl.M.A.No. 14235/2017, Crl.M.A.No. 14246/2017 & Crl.M.A.No. 14933/2017
AJAY KUMAR Petitioner
Through Mr.Saurabh Jam, Mr.Gautam Singh and Mr.Suresh Sharma, Advocates.
VERSUS
STATE (NCT OF DELHI) & ANR ......Respondents
Through Mr.Rahul Mehra, Standing Counsel with Mr.Jamal Akhtar, Adv. for State.
Mr.Siddharth Chaturvedi, Adv. with Mr.Anubhav Jam, complainant.
W.P.(CRL) 2478/2017, Crl.M.A.No. 14238/2017, Crl.M.A.No.14241/2017 & Crl.M.A.No.14934/2017
SHIV PRIYA & ANR . .....Petitioner
Through Mr.Saurabh Jam, Mr.Gautam Singh and Mr.Suresh Sharma, Advocates.
VERSUS
STATE (NCT OF DELHI) & ANR .....Respondents
Through Mr.R.S.Kundu, ASC with Mr.Prem Sagar Pal, Adv. for State.
Mr.Siddharth Chaturvedi, Adv. with•
Mr.Anubhav Jam, complainant.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
08.01.2018 Parties have settled their disputes. Present FIR No.0076/2017 has been registered under Section 420 read with Section 34 of the IPC at Police Station Preet Vihar on the complaint of Anubhav Jam, Director of the company namely M/s Moon Buildtech Pvt. Ltd. The
2018:DHC:8670 complainant is present in Court. His presence has been identified by the Investigating Officer. The settlement deed has been placed on record. It is a memorandum of understanding entered into between the parties detailing the terms of their settlement. The parties shall be bound by the terms and conditions stated in the aforenoted settlement which is marked Ex.PA. Parties having arrived at the aforenoted settlement, it is clear that no useful purpose would be served in continuing these proceedings as it would be an exercise in futility.
Thus to secure the ends of justice, the FIR No.0076/2017 registered under Section 420 read with Section 34 of the IPC at Police Station
Preet Vihar and all proceedings emanating therefrom stand quashed.
Since the investigation has progressed to a large extent, the State has suffered a brunt on this. The submission of the learned Public
Prosecutor that the petitioner must compensate the State with a cost is a submission which carries force. Accordingly, the petitioners are directed to pay a sum of 20,000/- to be deposited with the Delhi
High Court Legal Services Committee.
Petitions disposed of in the above terms.
INDERMEET KAUR, J JANUARY 08, 2018 ndn 2018:DHC:8670
JUDGMENT