Manoj Kumar Gupta v. State & Anr.
Case brief
What is this about?
The High Court of Delhi quashed an FIR regarding cheating and criminal conspiracy as the parties settled the dispute amicably prior to the hearing.
What did the court decide?
FIR No. 290/2016 and proceedings pursuant thereto quashed; petitioners to deposit ₹5,000 with Juvenile Justice Fund.
What the court decided
30# $~
| * IN THE HIGH |
COURT OF DE | LHI AT NEW DELHI |
|---|---|---|
| + W.P.(CRL) 434/2 |
017 | |
| MANOJ KUMAR | GUPTA & ANR Represented by: versus |
..... Petitioners Mr. Ashish Middha, Advocate with petitioners in person. |
| STATE & ANR. | Represented by: |
..... Respondents Ms. Suman Saharan, Advocate for Mr.R.S. Kundu, Additional Standing Counsel for State with Inspector Subhash Chand, DIU/West. Mr. Bhupesh Narula and Mr. Rinku Narula, Advocates for respondent No.2 with respondent No.2 in person. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 10.07.2018
By the present petition the petitioners seek quashing of FIR No. 290/2016 under Sections 420/406/506/120B/34 IPC registered at PS Khyala, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned proxy counsel for learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners as named in the amended memo of parties are the only accused and the respondent No. 2 the complainant/victim.
W.P.(CRL) 434/2017
Respondent No. 2 is present in Court and is identified by the learned counsel. He states that he has settled the matter with the petitioners vide Settlement Agreement dated 13th December, 2016, copy of which is annexed as Annexure-B to the present petition. He further states that in terms of the settlement he has received a total sum of ₹25 lakhs and now he has no claims whatsoever remaining against the petitioners. He also states that he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and will abide by the terms of settlement.
Issues for consideration
1 issue framed by the court
Whether the FIR should be quashed on the ground that the parties have settled the matter amicably.
Parties & counsel
- petitioner
Manoj Kumar Gupta & Anr
- respondent
State & Anr
Coram
Mukta Gupta
Case details
As recorded by the court registry
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