Full Text
Translation output
i s $^5 & 6 HIGH COURT OF DELHI
CRL.M.C. 2668/2016
AMIT AGGARWAL Petitioner
Through: Ms. Annie Rais, Adv.
CRL.M.C. 2668/2016
AMIT AGGARWAL Petitioner
Through: Ms. Annie Rais, Adv.
VERSUS
STATE & ANR. Respondents
Through: Ms. Meenakshi Chauhan, AFP for State.
Through: Ms. Meenakshi Chauhan, AFP for State.
AND
I CRL.M.C. 2826/2016
RAMESH SHARMA Petitioner
Through: Ms. Annie Rais, Adv.
RAMESH SHARMA Petitioner
Through: Ms. Annie Rais, Adv.
VERSUS
STATE (NCT OF DELKd ) & ANR. Respondents
Through: Ms. Meenakshi Chauhan, APP for State.
Through: Ms. Meenakshi Chauhan, APP for State.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
04.07.2017 By these petitions under Section 482 of the Code of Criminal
Procedure, 1973, petitioners have prayed for quashing of FIR No. 115/08 under Sections 420/406/468/471/34 IPC registered at police station Jahangir
Puri on the complaint ofrespondent no.2 in view ofthe settlement arrived at between them and respondent no.2 before the Delhi Mediation Centre, Rohini District Courts, Delhi on 29"'' April, 2015. Photocopy of the said settlement/agreement has been placed onrecord.
Learned APP for the State submits that besides petitioner, one Sh.
2017:DHC:8621 K.K. Aggarwal was also accused who has died on August, 2016 and no charge-sheet was filed against him. Respondent no. 2 is present in Court and admits having settled the matter with the petitioners before the Delhi
Mediation Centre. He submits that settlement has been arrived at between him and petitioners voluntarily and without any undue force, pressure or coercion. He also admits that ?22 lacs has been received by him on 29^"^
April, 2015 from the petitioners in terms ofthe settlement. The terms ofthe settlement have already been complied with, therefore, he is not willing to pursue the FIR any further against the petitioners and the same may be quashed.
In view of the settlement arrived at between the parties voluntarily before the Mediation Centre and the fact that terms of the settlement have already been complied with and complainant is not interested in pursuing the
FIR, above-referred FIR and the consequent proceedings emanating therefrom are quashed. Miscellaneous applications are disposed of as infiructuous.
Both the petitions are disposed of in the above terms.
U
A.K. PATHAK, J.
JULY 04,2017/ga 2017:DHC:8621
04.07.2017 By these petitions under Section 482 of the Code of Criminal
Procedure, 1973, petitioners have prayed for quashing of FIR No. 115/08 under Sections 420/406/468/471/34 IPC registered at police station Jahangir
Puri on the complaint ofrespondent no.2 in view ofthe settlement arrived at between them and respondent no.2 before the Delhi Mediation Centre, Rohini District Courts, Delhi on 29"'' April, 2015. Photocopy of the said settlement/agreement has been placed onrecord.
Learned APP for the State submits that besides petitioner, one Sh.
2017:DHC:8621 K.K. Aggarwal was also accused who has died on August, 2016 and no charge-sheet was filed against him. Respondent no. 2 is present in Court and admits having settled the matter with the petitioners before the Delhi
Mediation Centre. He submits that settlement has been arrived at between him and petitioners voluntarily and without any undue force, pressure or coercion. He also admits that ?22 lacs has been received by him on 29^"^
April, 2015 from the petitioners in terms ofthe settlement. The terms ofthe settlement have already been complied with, therefore, he is not willing to pursue the FIR any further against the petitioners and the same may be quashed.
In view of the settlement arrived at between the parties voluntarily before the Mediation Centre and the fact that terms of the settlement have already been complied with and complainant is not interested in pursuing the
FIR, above-referred FIR and the consequent proceedings emanating therefrom are quashed. Miscellaneous applications are disposed of as infiructuous.
Both the petitions are disposed of in the above terms.
U
A.K. PATHAK, J.
JULY 04,2017/ga 2017:DHC:8621
JUDGMENT