M.R.R. Forex Services Pvt. Ltd. ..... ... vs Unknown on 26 November, 2020

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Delhi High Court - Orders

M.R.R. Forex Services Pvt. Ltd. ..... ... vs Unknown on 26 November, 2020

Bench: Anup Jairam Bhambhani

                                                                       via Video-conferencing

          $~26

          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
          +       W.P.(CRL) 1958/2020
                  M.R.R. FOREX SERVICES PVT. LTD.          ..... Petitione
                                 Through  Mr. Sameer Chandra, Advocate with
                                          Mr. Wiqar Ahmed, Advocate.
                                 versus

                  THE STATE (NCT OF DELHI) & ANR.             ..... Respondent
                                 Through  Mr. Chaitanya Gosain, Advocate for
                                          Mr. Rahul Mehra, SSC (Criminal) for
                                          the State with S.I. Devender P.S.:
                                          Connaught Place
                                          Mr. Naved Jauhar, Advocate with Mr.
                                          Anil Saini, Advocate for respondent
                                          No. 2 with respondent No. 2 in-
                                          person.
                  CORAM:
                  HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                           ORDER

% 26.11.2020 Crl. M.A. No.16349/2020 (for exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.

W.P. (Crl.) 1958/2020 The petitioner seeks quashing of FIR No. 73/2020 dated 21.10.2020 registered under sections 420/467/468/471/34 IPC at P.S.:

Connaught Place, Delhi, on the basis that disputes between the W.P. (Crl.) 1958/2020 Page 1 of 4 :

:

.

r s petitioner and complainant/respondent No. 2 have since been settled vidé Memorandum of Understanding-cum-Settlement Deed (MoU) dated 07.11.2020 signed between the parties.

2. Mr. Sameer Chandra, learned counsel for the petitioner submits that the FIR came to be registered by reason of an amount of Rs.

42,78,500/- (Rupees Forty Two Lac Seventy Eight Thousand Five Hundred Only) having been mis-routed by the bank from the account of the respondent No. 2 and having been credited to the petitioner's account; which led to the respondent No. 2 filing a criminal complaint leading to the registration of the FIR. It is submitted that during the course of investigation, the parties have resolved their inter-se disputes and that the petitioner has paid to the respondent No. 2 a total sum of Rs. 43,00,000/- (Rupees Forty Three Lacs Only), of which Rs. 21,00,000/- (Rupees Twenty One Lacs Only) was paid by 03 separate demand drafts earlier-on; and the balance sum of Rs. 22,00,000/- (Rupees Twenty Two Lacs Only) has been tendered to respondent No. 2 today i.e. at the stage of quashing of the FIR, again by way of a demand draft, thereby performing all aspects of the settlement comprised in the MoU.

3. Mr. Prithvi Raj Kathuria, the Director of the petitioner- company is present via video-conferencing and is identified by Mr. Chandra.

4. Issue notice.

5. Mr. Chaitanya Gosain, learned counsel appears on behalf of Mr. Rahul Mehra, learned Senior Standing Counsel (Criminal) for the State appears on advance copy; accepts notice; and submits that in W.P. (Crl.) 1958/2020 Page 2 of 4 view of the nature of the transaction and the fact that dispute stands settled, the State has no objection if the FIR is quashed.

6. Mr. Naved Johar, learned counsel appears on behalf of respondent No. 2 on advance copy alongwith Mr. Abhishek Kumar Gupta, Director of respondent No. 2, who is identified by his counsel.

7. The Investigating Officer of the matter S.I. Devender from P.S.:

Connaught Place, Delhi, has also joined the video-conference hearing and identifies the parties.

8. The court has interacted with Mr. Abhishek Kumar Gupta who confirms that he has received the entire amount of Rs. 43,00,000/- (Rupees Forty Three Lacs Only) as per the MoU; that he has no further grievance against the petitioner-company or its Directors; and that he has no objection if the FIR is quashed.

9. The petition is supported by the affidavit of the petitioner through its Director, as also the affidavit of respondent No. 2 through its Director.

10. Proofs of identity of the Directors of the petitioner and respondent No. 2, by way of copies of their Aadhar Card/Election Photo-identity card (Voter-ID) respectively, have also been annexed.

11. Considering the genesis of the dispute, the basis of registration of the FIR and the nature of the offences alleged, this court is satisfied that in view of the settlement arrived at between the concerned parties, any further investigation in the FIR or proceedings arising therefrom would be an exercise in futility; and also that no third party is affected either by the transaction or by the settlement. To be sure the concerned bank was not an accused in the FIR.

W.P. (Crl.) 1958/2020 Page 3 of 4

12. In line with the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, and in view of the above, this court sees no reason why the FIR in question be not quashed with consent of the parties.

13. Accordingly, FIR No. 73/2020 dated 21.10.2020 registered under sections 420/467/468/471/34 IPC at P.S.: Connaught Place, Delhi, and all proceedings emanating therefrom are hereby quashed.

14. The writ petition stands disposed of.

15. Other pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J, NOVEMBER 26, 2020 Ne W.P. (Crl.) 1958/2020 Page 4 of 4

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