Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Tdi Infrastructure Ltd. & Ors vs Govt. Of Nct Of Delhi & Ors on 1 August, 2022

                          $~32
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 3554/2022
                                 TDI INFRASTRUCTURE LTD. & ORS.         ..... Petitioners
                                              Through: Mr Abhimanyu Bhandari, Ms Roohe
                                                       Hina Dua and Ms Ananya Sikri,
                                                       Advocates.

                                                    versus

                                 GOVT. OF NCT OF DELHI & ORS.                ..... Respondents
                                               Through: Ms Richa Dhawan, APP for the State
                                                        Inspector Virender Singh, PS EOW
                                 CORAM:
                                 HON'BLE MS. JUSTICE POONAM A. BAMBA
                                                    ORDER

                          %                         01.08.2022

                          1.0    This is a petition under Section 482 read with Section 483 of the Code

of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 24/2019 dated 25.02.2019 registered at PS Barakhamba Road, New Delhi praying as under:

"(a) Pass necessary orders and directions, thereby quashing the impugned FIR No. 24 of 2019 dated 25.02.2019 for the offences under Section 406, 420 & 120-B of the Indian Penal Code, 1860 (IPC) registered at P.S. Barakhamba Road, New Delhi and impugned Chargesheet Dated 04.12.2020, and;

(b) Pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."

2.0 Respondents no. 1 and 2 are Government of NCT of Delhi (GNCTD) and Economic Offences Wing (Delhi)..

3.0 It is submitted by learned counsel for the petitioner that settlement has already been arrived at between the petitioners and the respondents no. 3, 4 and 6. Copy of the Settlement Agreement with the respondents no. 3 and 4 is annexed as Annexure P-5 and with the respondent no. 6 as Annexure P-7 along with this petition. She also submits that talks for settlement with the respondent no. 5 are going on.

4.0 Issue notice.

4.1 Ms Richa Dhawan, Learned Prosecutor accepts notice on behalf of the respondent no. 2.

4.2 Learned Prosecutor, on instructions from the Investigation Officer (IO), submits that charge sheet in the matter has been filed and they are not aware of any settlement with the respondents no. 2, 3 and 6 or any such settlement being in progress with the respondent no. 5. 5.0 At this stage, learned counsel for the petitioner submits that matter is coming up for appearance before learned Magistrate tomorrow and presses her following application.

6.0 This is an application under Section 482 Cr.P.C praying as under:

"(a) Stay all further proceedings pursuant to FIR No. 24 dated 25.02.2019 registered at Police Station Barakhamba Road, New Delhi and EOW Charge Sheet dated 04.12.2020 during the pendency of the Criminal Miscellaneous Petition;

And/or Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:06.08.2022 15:11:56

(b) Grant exemption to the Petitioners Nos. 2 to 13 from personal appearance before the learned CMM in CC No.9795/2021 in FIR No. 24 dated 25.02.2019;

(c) Pass such other or further other order( s) or relief( s) as this Hon'ble Court may deem fit and proper."

7.0 Learned counsel for the petitioners submits that she is only pressing exemption from personal appearance of petitioners no. 2 to 13 before the learned CMM in CC No. 9795/2021 in FIR No. 24/2019 dated 25.02.2019.

8.0 The complainant/respondents no. 3 to 6 are not present before the court although, stated to have been served in advance. 9.0 In view of the above, the petitioners are at liberty to move an appropriate application before the Learned Magistrate which shall be considered by the Learned Trial Court as per law. 10.0 Application is disposed of accordingly. 11.0 List on 09.11.2022.

POONAM A. BAMBA, J AUGUST 1, 2022 g.joshi Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:06.08.2022 15:11:56