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Subhash Chand Jain & Ors vs State & Anr

Delhi High Court · Decided on 7 August 2018 · Citation: (2018) 08 DEL CK 0112

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 420
RESULT
Allowed
CASE NUMBER
Criminal M.C. 3949 OF 2018
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Judgment

22 paragraphs · 363 words

SANJEEV SACHDEVA, J

Crl. M.A. 29429/2018 (Exemption)Â

Exemption is allowed subject to all just exceptions.Â

CRL. M.C. 3949/2018

1.

The petitioners seek quashing of FIR No. 328/2017 under Sections 420/406/34 IPC, Police Station Amar Colony, based on a settlement.Â

2.

As per the allegations in the FIR, the petitioners as well as complainant have entered into a joint venture for running a chemist shop. Subsequently,

as per the allegations in the FIR, the petitioners took a loan from the Indian Overseas Bank and made the complainant deposit his property papers as

security for loan.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes. As per the settlement, the petitioners were to pay a total

amount of Rs.55 lakhs to respondent No.2 in full and final settlement of all his claims. The said amount of Rs.55 lakhs have been paid to the

respondent No.2. The same has been credited to the loan account directly on behalf of the respondent No.2.Â

4.

The respondent No.2 is present in person and is identified by the Investigating Officer. He submits that he has settled his disputes with the

petitioners and has received the said settlement amount of Rs.55 lakhs and the same has been credited directly to the loan account with Indian

Overseas Bank. He further submits that he does not wish to press the complaint against the petitioners any further and has no objection in case the

subject FIR is quashed.Â

5.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, continuation of criminal

proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored;

securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings

emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No. 328/2017 under Sections 420/406/34 IPC, Police Station Amar Colony and the consequent

proceedings emanating there from are quashed.Â

7.

Order Dasti under the signatures of the Court Master.