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Delhi High Court - Orders

Alankit Assignments Ltd & Ors vs State & Ors on 1 June, 2022

Author: Swarana Kanta Sharma

Bench: Swarana Kanta Sharma

                          $~10
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        W.P.(CRL) 1846/2009
                                   ALANKIT ASSIGNMENTS LTD & ORS.             ..... Petitioners
                                                   Through: Mr Pratap Shanker, Advocate

                                                      versus

                                   STATE & ORS.                                      ..... Respondents
                                                      Through:     Ms Nandita Rao, ASC(Crl.) for State
                                                                   with Amit Peswani, Advocate and
                                                                   Insp Prahlad Singh, P.S. EOW.

                                   CORAM:
                                   HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                 ORDER

% 01.06.2022

1. The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioners praying for quashing of FIR bearing No. 187/2009 registered at Police Station EOW/Crime Branch, Delhi for offences punishable under Sections 406/420/467/468/120-B of the Indian Penal Code, 1860.

2. Notice. Ms Nandita Rao, learned ASC accepts notice on behalf of the State.

3. All the petitioners are present before this Court and have been identified by their counsel Mr Pratap Shanker as well as the Investigating Officer (IO) Insp Prahlad Singh from Police Station EOW/Crime Branch.

4. On a query made by this Court, Ms Rachna Chaturvedi, who is one of the legal heirs of the deceased, and is appearing through Video Conferencing (VC), categorically states that she has entered into a Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:01.06.2022 19:12:41 compromise out of her own free will and without any pressure, coercion or threat. It is also stated by her that she is aware of the entire dispute which has been amicably settled between the parties before Delhi High Court Mediation and Conciliation Centre, Samadhan. The Settlement Agreement has been entered into between the partiers vide Settlement Deed dated 28.10.2021, wherein the deceased is represented by the aforementioned legal heirs.

5. Mr Abhishek Puri who is present in Court states that he has received the full and final amount of Rs. 12 Lacs today, i.e., 01.06.2022 vide Cheque No. 114795 drawn on HDFC Bank, New Delhi and has no objection if the FIR is quashed.

6. In view of the facts stated above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings. Rather the same would create further acrimony between them. Therefore, 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.

7. Accordingly, FIR bearing No. 187/2009, registered at Police Station EOW/Crime Branch, Delhi, for offences punishable under Sections 406/420/467/468/120-B of the IPC, and all consequential proceedings emanating therefrom, are quashed.

8. The petition stands disposed of.

SWARANA KANTA SHARMA, J JUNE 1, 2022/zp Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:01.06.2022 19:12:41