Petitioner filed writ petition for quashing of FIR No.132/2016 registered under Sections 420 IPC. Court allowed quashing of FIR and proceedings subject to deposit of Rs.10,000/- in PM's National Relief Fund.
Quashed FIR No.132/2016 and proceedings arising therefrom subject to deposit of Rs.10,000/- in Prime Minister's National Relief Fund.
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..... Petitioners
Through: Mr. Sunil Kumar Mittl, Mr. Vipin K. Mittal, Mr. Kshitij Mittal, & Ms.Vaishali Mittal, Advocates. versus STATE & ORS ..... Respondents Through: Mr. Rahul Mehra, Standing Counsel and Mr.Jamal Akhtar, Advocate for the State. Mr. S. Rohit Kumar & Mr. Abhay Kumar Mishra, Advocates along with respondent No.3 in person, for respondents No.2 & 3.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
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O R D E R 13.02.2017
The petitioners have filed the present petition seeking quashing of FIR No.132/2016 registered on the complaint of the complainant under Sections 420 IPC against the petitioners at Police Station – Barakhamba Road.
The respondent No.3 is present in Court. Though, respondent No.2 is not present, his son/respondent No.3 is present in Court. However, the
affidavit of respondent No.2 is on record. He has authorised his brother/Mr. Ranbir Sharma, Advocate, who is also present in Court.
The parties have arrived at a settlement on 30.01.2017, which has been placed on record. Under the settlement, the entire settlement amount has been tendered to the complainant in Court today by way of demand drafts. The authorised representative of the complainant states that the complainant has not been subjected to any pressure or coercion and that he has entered the settlement out of his own free will. The authorised representative of the complainant further states that he joins the prayer for quashing of the FIR in question.
Mr. Mittal states that to show their bona fide, the petitioners are ready & willing to deposit such costs as this Court may impose.
Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The said FIR and the proceedings arising therefrom are quashed subject to the petitioner depositing Rs.10,000/- in the Prime Minister’s National Relief Fund within two weeks. The receipt of deposit of the said costs be submitted to the IO concerned, only whereafter the FIR in question and the proceedings emanating therefrom shall be closed.
Dasti.
VIPIN SANGHI, J
FEBRUARY 13, 2017
B.S. Rohella
1 issue framed by the court
Whether the FIR under Sections 420 IPC against the petitioners should be quashed in light of the settlement reached between the parties.
M/S EARTH BUILDPROP PVT LTD & ORS
STATE & ORS
VIPIN SANGHI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
