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Delhi High Court - Orders

M/S. Omaxe Ltd vs State (Govt. Of Nct Of Delhi) & Ors on 27 July, 2022

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                          $~12
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +   W.P.(CRL) 1358/2022
                              M/S. OMAXE LTD.                             ..... Petitioner
                                                 Through:     Mr. Mukti Bodh, Advocate

                                                 versus

                              STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents
                                                 Through:     Mr. Yasir Rauf Ansari, ASC for R-1
                                                              with Insp. Prakash Chand Meena, PS
                                                              Kalkaji
                                                              Counsel for R-2 & 3 (appearance not
                                                              given) with R-2 & 3 in person.

                              CORAM:
                              HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                           ORDER

% 27.07.2022 CRL.M.A.11641/2022 (Exemption)

1. Exemption allowed subject to all just exception.

2. Application is disposed of.

W.P.(CRL) 1358/2022

1. By this petition, the petitioner company seeks quashing of FIR No.574/2020, PS Kalkaji, District South East, under Sections 420/406/34 IPC on the complaint of respondent No.3 and the proceedings pursuant thereto on the ground that the parties have settled the matter and the settlement is recorded in the Settlement Deed dated 10.08.2021.

2. Respondent No. 2 & 3, who are present in Court and identified Signature Not Verified W.P.(CRL) 1358/2022 1 Digitally Signed By:VINOD KUMAR Signing Date:01.08.2022 13:15:25 by the Investigating Officer states that they have settled the matter with the petitioner company. Settlement deed is signed by the Authorised Signatory of the Petitioner and Respondent Nos.2 and 3.

3. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

4. Consequently, FIR No.574/2020, PS Kalkaji, District South East, under Sections 420/406/34 IPC and proceedings pursuant thereto are hereby quashed.

5. Petition is disposed of.

TUSHAR RAO GEDELA, J.

JULY 27, 2022 Yg Signature Not Verified W.P.(CRL) 1358/2022 2 Digitally Signed By:VINOD KUMAR Signing Date:01.08.2022 13:15:25