Delhi High Court - Orders
M/S M-Tech Developer Pvt. Ltd vs State Nct Of Delhi & Anr on 2 November, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1837/2023
M/S M-TECH DEVELOPER PVT. LTD. ..... Petitioner
Through: Mr. Gaurav Bhardwaj and Chetan,
Advocates with AR of petitioner in
person.
versus
STATE NCT OF DELHI & ANR ..... Respondents
Through: Mr. Amol Sinha, ASC with Mr.
Kshitiz Garg and Mr. Ashvini
Kumar, Advocates with SI Amit
Solanki and ASI Devender Kumar,
PS: Sunlight Colony
Mr.Sunil Kumar and Mr. Surender
Kumar, Advocates for R-2 with R-2
in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 02.11.2023
1. By way of the present petition under Article 226 of the Constitution of India, the petitioner seeks to quash and set aside the order dated 12.04.2023 passed by learned Metropolitan Magistrate-07, South East District, Saket Courts, New Delhi in CT. Cases No. 67/2022 and FIR No.133/2023 dated 16.04.2023 registered under Sections 420/120 IPC registered with PS: Sunlight Colony, Delhi.
W.P.(CRL) 1837/2023 page 1 of 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 04/11/2023 at 02:17:55
2. Learned counsel appearing for the parties submits that they have entered into a settlement dated 18.10.2023 before the Delhi High Court Mediation and Conciliation Centre. Learned counsel for the petitioner submits that the first instalment of Rs.6,00,000/- has already been paid to the respondent no.2 and respondent no.2, who is present in person, acknowledges the receipt thereof.
3. Learned counsel appearing for the petitioner has further handed over another Demand Draft of Rs.6,00,000/- vide DD No.000044 issued on 30.10.2023 [HDFC Bank] to the respondent no.2.
4. This petition is accompanied by the Settlement Agreement dated 18.10.2023 and is also supported by affidavits of the AR of the petitioner and of respondent no.2, alongwith proofs of their respective I.Ds.
5. The Authorized Representative of petitioner as also respondent no.2 are present in Court and have been identified by the IO. Their credentials have been verified by this Court.
6. Respondent no.2 affirms the Settlement Agreement dated 18.10.2023 and submits that he has voluntarily settled all disputes with the petitioner. He further states that he does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the present FIR.
7. In view of the fact that the settlement has been arrived at between the parties, and as the respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and following the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder W.P.(CRL) 1837/2023 page 2 of 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 04/11/2023 at 02:17:55 Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
8. Accordingly, the petition is allowed and FIR No.133/2023 dated 16.04.2023 registered under Sections 420/120 IPC registered with PS:
Sunlight Colony, Delhi and all proceeding emanating therefrom are quashed.
9. The petition stands disposed of.
SAURABH BANERJEE, J NOVEMBER 2, 2023/So W.P.(CRL) 1837/2023 page 3 of 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 04/11/2023 at 02:17:55