Vaibhav Dattani & Anr vs State & Anr

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 33640/2018 (Exemption)

Allowed, subject to all just exceptions.Â

CRL.M.C. 5101/2018

Petitioners seek quashing of FIR No. 80 of 2017 under Sections 406/420/34 of the IPC registered at Police Station Amar Colony, New Delhi,

based on a settlement. Â

The allegations in the FIR are that there was a commercial transaction between the complainant and the petitioner whereas certain goods were

supplied by the complainant to the petitioner and the cheques issued by the petitioner had dishonoured. Â

Learned counsel for the parties submit that the parties have settled their disputes. Terms of settlement are recorded in the order dated

05.09.2018 in Bail Application No. 1222/2017 titled Vaibhav Dattani Vs. State.Â

As per the settlement, petitioners have agreed to pay the balance outstanding amount of Rs. 9 lacs. A sum of Rs. 4,50,000/- had already been

paid at the time when the settlement was recorded. Balance amount of Rs. 4,50,000/- has been paid today in court by way of three demand drafts

bearing nos. 007162 dated 24.09.2018 for Rs. 1,50,000/-; 829087 dated 18.09.2018 for Rs. 1,50,000/- and 643142 dated 07.09.2018 for Rs. 1,50,000/-

drawn on HDFC Bank.

Respondent no. 2 is present in Court in person, represented through her Manager who is the Power of Attorney holder, in whose favour power

of attorney dated 01.10.2018 has been executed. He submits that she has settled the disputes with the petitioners and does not wish to prosecute the

complaint any further and has no objection to the quashing of the subject FIR.Â

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her 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 there from.

In view of the above, the petition is allowed. FIR No. 80 of 2017 under Sections 406/420/34 of the IPC registered at Police Station Amar Colony,Â

New Delhi and the consequent proceedings emanating there from are quashed.

Order Dasti under the signatures of the Court Master.Â