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W.P.(CRL) 2028/2017
RAJESH MALHOTRA & ANR ..... Petitioners
Through: Mr.R.N. Sharma, Advocate with Ms.Nusrat Hussain, Advocate along with petitioners in person.
Through: Mr.Piyush Singhal, Advocate for Mr.Ashish Singhal, ASC for State with Insp. V.N.
Jha and ASI Bharat Sharma, Special Staff (North), Delhi.
Mr.Manish Kumar Singh, Advocate for R-2 along with respondent no. 2 in person.
JUDGMENT
1. Respondent no. 2 appears in person. He is duly identified by Insp. V.N. Jha. He is being represented by his counsel.
2. Status report is already on the record.
3. The petitioners have invoked the writ jurisdiction of this court under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No. 461/2016, registered against them on 25.08.2016 with Police Station Kotwali, North District, Delhi, under Sections 406/420/467/468/471/506/34/120B IPC on the complaint of respondent No.2.
4. As per the allegations in the FIR, the respondent no. 2 invested some 2017:DHC:5917 W.P. (Crl.) No.2028/2017 money with the petitioners, which was not returned to him and rather threats were extended when he demanded back his money.
5. Subsequently, the parties have amicably resolved and settled all their disputes. The petitioners had agreed to pay Rs.10,00,000/- to the respondent no. 2 in full and final settlement of his claim. Memorandum of Understanding dated 19.09.2017 was reduced to writing between the parties.
6. The respondent No.2 present in court states that he had voluntarily settled and resolved his disputes with the petitioners without any force and coercion. He submits that he had already received the entire settlement amount from the petitioners. He submits that he does not want to pursue the said FIR. He submits that the said FIR may be quashed.
7. Learned ASC through IO submits that the charge sheet has so far not been filed.
8. Since the parties have amicably settled their disputes, no fruitful purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No. 461/2016, registered on 25.08.2016 with Police Station Kotwali, North District, Delhi, under Sections 406/420/467/468/471/506/34/120B IPC and proceedings arising out of the said FIR are hereby quashed.
9. The petition is disposed of accordingly.
10. DASTI.