Allowed

Harsha Jain Anr. & Anr. v. State (Govt of NCT of Delhi) & Anr.

Delhi HC6 Sept 2024W.P.(CRL)/2757/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of FIR for cheating and criminal breach of trust on the basis of a Rs. 15 lakh full and final settlement paid to the complainant. The complainant raised no objection; the court quashed the FIR and proceedings, holding continuance would be a misuse of process.

What did the court decide?

FIR No. 669/2022 under Sections 420/406/34 IPC at PS Malviya Nagar and proceedings therefrom quashed.

Harsha Jain Anr. & Anr. Vs State (Govt of NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2024)

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2757/2024

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HARSHA JAIN ANR & ANR. .....Petitioner

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Through: Mr. Kunal Jain, Mr. Aashu Jain, Advocates for petitioner no. 1 & 2.

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versus

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STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondent Through: Mr. Sanjay Lao, Standing Counsel for State with SI Praveen Kumar, PS: Malviya Nagar.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 06.09.2024

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CRL.M.A. 27021/2024 ( Exemption )

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Allowed, subject to all just exceptions.

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Application is disposed of.

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W.P.(CRL) 2757/2024

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This petition has been filed seeking quashing of FIR no. 669/2022 registered at PS Malviya Nagar, Delhi under Sections 420/406/34 IPC on the basis of settlement arrived at between the parties.

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Petitioner nos. 1-2 are appearing through VC while respondent no.2 (complainant) is present in Court all are duly identified by IO and their respective counsel.

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Parties state that they have agreed to settle their disputes for full and final settlement of Rs. 15 lacs which is being paid today vide DD nos. 488867(Rs. 5 lacs), 488866(Rs. 5 lacs), 488871 (Rs 1 lac), 488870 (Rs. 1 lac),

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2024 at 12:20:14

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488869 (Rs. 1 lac), 488868 (Rs. 1 lac), 488872 (Rs. 50000/-) and 488873 (Rs. 50000/-). The same has been handed over to respondent no.2 who has duly received it in Court.

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Respondent no.2 states that he has no objection to the quashing of the FIR.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 669/2022 under Sections 420/406/34 IPC registered at PS Malviya Nagar, Delhi and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 6, 2024/RK

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2024 at 12:20:14

Harsha Jain Anr. & Anr. v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Harsha Jain Anr. & Anr. v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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