The Court quashed FIR No. 0041/2016 registered under Sections 420, 468, and 471 IPC as the parties had mutually arrived at a settlement via a Deed of Settlement for Rs. 7 lakhs, rendering the trial an exercise in futility.
Quashing of FIR No. 0041/2016 and all proceedings emanating therefrom.
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..... Petitioners
Through: Mr Vijay Kinner, Adv for P-1&2 Mr Amit Kr Gahlot, Adv for R-3
versus
THE STATE GOVT OF NCT OF DELHI & ANR
..... Respondents Through: Mr Rajesh Mahajan, ASC for State with SI Lokesh Kumar Mr Suhail Malik and Mr Vijay Manchanda, Advs for R-2
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR O R D E R % 16.01.2018
Petitioner seeks quashing of the present FIR No. 0041/2016 registered under Section 420/468/471 IPC PS Parliament Street on the complaint of respondent No. 2. The settlement arrived at inter se the parties is contained in the Deed of Settlement Ex.PX. Parties are present in person and their presence has been identified by the investigating officer. Parties shall be bound by the terms and conditions contained in Ex.PX. In terms of Ex. PX a sum of Rs 7 lakhs has been received by the complainant for full and final settlement of his claim. Parties have now no dispute left qua one
another.
This is a fit case where the FIR should be quashed as the trial in the case would be an exercise in futility. To secure the ends of justice, FIR No. 0041/2016 registered under Section 420/468/471 IPC PS Parliament Street and all proceedings emanating therefrom are quashed.
Petition disposed of.
INDERMEET KAUR, J
JANUARY 16, 2018 SU
2 issues framed by the court
Whether to quash FIR No. 0041/2016 registered under Sections 420/468/471 IPC upon receipt of settlement amount.
Whether the trial in the case would be an exercise in futility given the settlement arrived at inter se parties.
1 provisions across 1 enactments
ABHISHEK SHARMA
THE STATE GOVT OF NCT OF DELHI
R-2
R-3
INDERMEET KAUR
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.
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