M/S. Sat India Limited And Ors. Through ... vs State Of Nct Of Delhi And Ors on 19 October, 2023

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Delhi High Court - Orders

M/S. Sat India Limited And Ors. Through ... vs State Of Nct Of Delhi And Ors on 19 October, 2023

Bench: Tushar Rao Gedela

                                    $~64
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 5935/2022
                                                M/S. SAT INDIA LIMITED AND ORS. THROUGH MR.
                                                PRASHANT SARAOGI                          ..... Petitioner
                                                               Through: Mr. Sudarshan Rajan, Ms. Rajni
                                                                        Gupta, Mr. S. Gupta, Mr. Akshay
                                                                        Singh and Mr. H. Bajaj, Advocates

                                                                                      versus

                                                STATE OF NCT OF DELHI AND ORS.          ..... Respondents
                                                              Through: Ms. Richa Dhawan, APP with SI
                                                                       Monu, PS Mangolpuri
                                                                       Respondent No.2 in person
                                                CORAM:
                                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                 ORDER

% 19.10.2023 [The proceeding has been conducted through Hybrid mode] Matter has been received on transfer.

Crl.M.A.23257/2022

1. Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 5935/2022 & Crl.M.A.23258/2022

3. This petition under with Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the petitioners seeking quashing of FIR bearing No.1469/2021 dated 04.12.2021 under Sections 420 and 120-B of Indian Penal Code, 1860 (for short "IPC") registered at Police Station Mangolpuri, Delhi and all consequential proceedings emanating therefrom on the ground of CRL.M.C. 5935/2022 1 This is a digitally signed order.

4. Mr. Rajan submits that parties have been able to settle their disputes and reduced the terms of settlement into writing vide the settlement agreement dated 06.10.2023 which is placed on record with the additional documents which is filed on 16.10.2023.

5. According to the terms of settlement, the petitioner was to pay to the respondent No.2 a sum of Rs.2.05 crores. In terms of the said settlement, vide the order dated 07.10.2023, learned Trial Court has noted that a sum of Rs.2.05 crores vide two demand drafts bearing Nos. 066669 amounting to Rs.1.95 crores and 066657 amounting to Rs.10 lacs, have already been paid to the respondent No.2/complainant.

6. In terms whereof, the parties are before this Court seeking quashing of the aforesaid FIR and the consequent proceedings emanating thereform.

7. Respondent No.2 is present in person through V.C. who affirms the terms of the settlement. He also confirms the receipt of Rs.2.05 crores in pursuance to the terms of settlement of the settlement agreement. He submits that he has no objection in case the present FIR and the proceedings emanating therefrom are quashed.

8. Mr. Rajan submits that apart from the aforesaid offences, Section 174A, IPC, 1860 has also been added in the aforesaid FIR and as such the same may also be considered for the purposes of quashing the aforesaid FIR.

9. Keeping in view the fact that the parties have been able to amicably resolve their disputes to their satisfaction, coupled with the CRL.M.C. 5935/2022 2 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 22/10/2023 at 02:50:45 fact that the sections involved are compoundable, this Court is of the considered opinion that there is no legal impediment or otherwise to quash the same. That apart, no fruitful purpose would be subserved in continuing the proceedings and the same would be an exercise in futility.

10. Resultantly, the FIR bearing No.1469/2021 dated 04.12.2021 under Sections 420 and 120-B of IPC, registered at Police Station Mangolpuri, Delhi and the proceedings emanating therfrom are quashed.

11. So far as the Section 174A IPC, 1860 is concerned, keeping in view the aforesaid settlement having been arrived at between the parties for quashing of the FIR, this Court is of the considered opinion that no purpose would be served in keeping in FIR alive in respect of Section 174A IPC, 1860 and as such, without expressing any opinion on the merits of the case, the same is quashed.

12. The aforesaid quashing of FIR is subject to payment of Rs.25,000/- in favour of the Maharishi Dayanand Gausamuardhan Kendra, Indian Bank, Account No. 20395006116 Branch Name Ashoka Niketan, Anand Vihar, Delhi-110092 IFSC Code- IDIB000A628 by the petitioner within two weeks from today against a proper receipt. Receipt be filed before this Court within two weeks, therafter.

13. List for compliance before the Registrar on 05.12.2023.

TUSHAR RAO GEDELA, J OCTOBER 19, 2023/ms CRL.M.C. 5935/2022 3 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 22/10/2023 at 02:50:46

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Delhi High Court - Orders