S.L. Maloo v. State
Case brief
What is this about?
The court quashed FIR No. 168/2008 and dismissed an infructuous anticipatory bail application, subject to the payment of settlement amount, withdrawal of a civil suit, and release of the petitioner's passport within ten days.
What did the court decide?
FIR No. 168/2008 quashed; anticipatory bail application dismissed as infructuous.
What the court decided
Signature Not Verified
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- When the matter was still pending for investigation, the petitioner/accused S.L. Maloo had filed an anticipatory bail application bearing No. 546/2009 under Section 438 Cr.P.C and a petition for quashing of the FIR. Both these matters had been filed almost 6 years ago. A number of opportunities were given to the parties to explore the possibility of a settlement, which ultimately culminated in the fruitful result on 25.7.2011 before the learned Mediator. Terms and conditions of the
/ <
settlement are as under:
- a) "The petitioner pursuant to the proceedings in Bail Application No. 546/2009 as recorded on 23.2.2010, and 25.2.2010 has deposited 40,00,000/with the Registrar General of Delhi High Court. The parties agree that the respondent nos. 2 & 3 shall be paid the entire amount of the said amount of (Rupees Forty Lacs) alongwith interest due thereon upto date of payment and the petitioner will have no claim over this amount and the amount be released equally amongst respondent nos. 2 & 3.
- b)· After the receipt of the amounts as stated above, the respondent nos. 2 & 3 shall not have any claim of whatsoever nature against the petitioner or against his company and the respondents have no objection if the FIR bearing No. 168 of 2008 with Economic Offences Wing is ordered to be quashed by this Hon'ble Court.
Issues for consideration
2 issues framed by the court
Whether to quash FIR No. 168/2008 registered under Section 406 IPC in view of the settlement agreement between the accused and complainants.
Whether to dismiss the pending anticipatory bail application under Section 438 Cr.P.C.
Parties & counsel
- petitioner
S.L. Maloo
- respondent
Ms. Pooja Jhingan
- respondent
Ms. Surbhi Jain
Coram
Case details
As recorded by the court registry
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