Delhi High Court - Orders
Tdi Infrastructure Ltd. & Ors vs Government Of Nct Of Delhi (Gnctd) & Anr on 3 April, 2024
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2613/2024
TDI INFRASTRUCTURE LTD. & ORS. ..... Petitioners
Through: Ms Roohe Hina Dua, Mr Randeep
Sachdeva and Mr Arav Pandit,
Advocates.
versus
GOVERNMENT OF NCT OF DELHI (GNCTD)
& ANR. ..... Respondents
Through: Mr Hitesh Vali, APP for the State.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 03.04.2024 CRL.M.A. 9975/2024
1. Allowed, subject to all just exceptions.
CRL.M.C. 2613/2024 & CRL.M.A. 9974/2024
2. The present petition has been filed seeking following relief:-
"(a) Pass necessary orders and directions, thereby quashing the impugned FIR No.91 of 2015 dated 25.07.2015 for the offences under Section 420 of the Indian Penal Code, 1860 (IPC) registered at Police Station - Barakhamba Road, New Delhi and Chargesheet dated 26.09.2017 under Section 406, 420 & 34 of the IPC."
3. Learned counsel for the petitioners submits that the learned Trial Court had summoned the petitioners/accused vide order dated 18.05.2018 and the said order was challenged by the petitioners/accused by filing a revision before the court of Sessions.
4. In the said revision petition, the parties arrived at a settlement, which has been recorded in the order dated 15.10.2018, which is annexed as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 03:29:48 Annexure P-16 to the present petition.
5. A perusal of the said order shows that the present petitioners/accused arrived at a settlement with the respondent no.2/complainant for a total sum of Rs.81,44,753/- including the litigation charges of Rs.1,00,000/-. Out of the said amount, a sum of Rs.28,14,918/- was paid by the petitioners/accused to the respondent no.2/complainant on the said date by way of demand draft. The balance settlement amount was subsequently paid.
6. The attention of the Court is also drawn to the statement made by the learned counsel for the respondent no.2/complainant whereby he affirmed the factum of settlement and also acknowledged that the respondent no.2 has received the entire settlement amount. The said statement is annexed as Annexure P-19 to the present petition.
7. In view of the above, issue notice. Learned APP for the State accepts notice.
8. On petitioners taking steps, notice be issued to the respondent no.2/complainant through all permissible modes, returnable on 20.08.2024.
9. Considering the fact that the parties have arrived at a settlement, the petitioners are granted liberty to appear through their advocate before the learned Trial Court only on the next date.
10. Order dasti under signatures of the Court Master.
VIKAS MAHAJAN, J APRIL 3, 2024/MK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 03:29:48