FAO(OS)/48/2019 of M/S AMBIKA ENGINEERS & CONSULTANTS Vs NATIONAL PROJECTS CONSTURCTION CORPORATION LTD

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23.12.2019

+ CRL.M.C. 6649/2019

MOHIT KUMAR & ANR

..... Petitioners

Through

Mr. S. K. Sinha, Adv.

versus

THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr.Panna Lal Sharma, APP for State. SI Sanjay Kaushik, PS Roop Nagar Ms. Shanta Arora, Adv. for R-2 With respondent no.2 in person

CORAM:HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U M N T (ORAL)

CRL. M.A. 43330-31/2019

1.Allowed, subject to all just exceptions.

2.Applications are disposed of.

CRL.M.C. 6649/2019

3.Vide the present petition, the petitioners seek directions thereby

quashing of FIR No. 130/2018 dated 20.06.2018, registered at Police Station

Roop Nagar and all other proceedings emanating therefrom.

4.Notice issued.

CRL.M.C. 6649/2019

5.Notice is accepted by learned APP for the State and counsel for the respondent no.2.

6.With the consent of the counsel for the parties, the present petition is taken up for final disposal.

7.The present petition is filed on the ground that the parties have settled

their disputes and the respondent no.2 has no objection if the present petition is allowed.

8.Respondent no.2 is personally present in Court with learned counsel and has been identified by SI Sanjay Kaushik/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9.The petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 02.12.2019.

10.A demand draft bearing No.252684 dated 02.12.2019 for the amount of ₹8,00,000/- (Rupees Eight Lakhs only) is handed over to the respondent no.2 today in the Court.

11.Counsel for the respondent submits that the present petition is filed on behalf of two accused only out of the total five accused and she has no objection, if the FIR in question is quashed against the other three accused

also. Accordingly, the FIR is quashed against the petitioners herein and the other three co accused as well.

12.Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting theany further. 13.For the reasons afore-recorded, FIR No. 130/2018 dated 20.06.2018, registered at Police Station Roop Nagar and consequent proceedings emanating therefrom are quashed against the petitioners herein and the three co accused as well.

14.The petition is allowed and disposed of accordingly.

15.Order dasti

DECEMBER 23, 2019 ms

(SURESH KUMAR KAIT) JUDGE

CRL.M.C. 6649/2019