The Court permitted quashing of the FIR and consequential proceedings upon the submission that the dispute between the petitioners and the respondent company had been amicably settled and the entire settlement amount paid.
FIR No. 168/2013 and all consequential proceedings emanating therefrom are quashed.
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Signature Not Verified Digitally Signed By:AM UL YA
Manager (Marketing and Sales) for respondent no. 2
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER
, % 03.01.2018
Petitioners are accused in FIR No. 168/2013 under Sections [ 120B/406/420 IPG registered at Police Station Ashok Vihar on the complaint of respondent no. 2, M/s. JPS Plastic Pvt. Ltd. During the investigation, Section 34 was also added.; Petitioners have filed the present petitions under Section 482 Cr.P.C. for quashing of the FIR and the chargesheet. It is submitted that petitioners and respondent no.'2 have settled their I disputes"v amicably,_ vide a SettlementAgreementdated 19^*^ December,2017. Terms of the settlement have also been complied with. Petitioners have paid ^10,98,000/- to the respondent no. 2 vide a demand draft,, photocopy whereof has been placed on record. Mr. Nitin Sharma, Manager (Marketing and Sales) of respondent no. 2 is present in Court. He has been identified by the counsel of respondent no. 2. Board Resolutions, bpth dated 19'^ December, 2017, whereby he has been authorised to represent the respondent no. 2 in the legal proceedings before the trial court as well as in this Court in the present proceedings have been filed and perused.
/
Settlement Agreement has also been signed by Mr. Nitin Sharma, who says that matter has been settled by the respondent no.2, with the petitioners without any undue force, pressure-or coercion and respondent no. 2 has no objection in case the FIR and the consequent proceedings emanating therefrom are quashed.
Keeping in view the settlement arrived at between the petitioners and respondent no.2 voluntarily, inasmuch as the fact that entire settled amount has been paid, in the interest of justice, FIR No. 168/2013 under Sections 120B/406/420/34 IPG registered at Police Station Ashok Vihar and the
consequent proceedings emanating therefrom are quashed.
Main petitions as well as miscellaneous applications are disposed of
in the above terms. Dasti.
A.K. PATHAK, J.
JANUARY 03, 2018 r.bararia '
2 issues framed by the court
Whether FIR and consequential proceedings under Sections 120B/406/420 IPC should be quashed in light of a settled dispute.
Whether the terms of the Settlement Agreement have been complied with sufficiently to warrant quashing proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
Petitioners
M/s. JPS Plastic Pvt. Ltd.
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
