Avijit Dutta v. State of NCT of Delhi & Anr

O R D E R %

19.11.2024

¶1This is a petition filed under section 482 of Code of Criminal Procedure, 1973 seeking quashing of the F.I.R No. 431/2016 dated

06.07.2016, registered at PS Okhla Industrial Area under sections 420 and 120 B IPC, 1860 and consequential proceedings emanating therefrom.

¶2Briefly stating the facts are that the petitioner had engaged the services of the complainant/respondent no.2 for two purposes that are (i.) Kumbh Mela Activation for promotion of mobile App "God Near Me" and (ii.) Manufacturing of two lakh boxes for Parshad, which was subsequently reduced to one lakh boxes. The dispute between the parties arose on account of non-payment of the boxes supplied by the complainant to the petitioner which led to the registration of the FIR No. No. 431/2016.

¶3During the pendency of the proceedings, the parties have arrived at a settlement wherein the petitioner has made the entire outstanding payment to the complainant.

¶4The petitioner is appearing through VC as he is currently out of the country and is identified by Mr. Rohit Singh, Advocate, who is also appearing through VC. This is a digitally signed order. 5. The complainant/Respondent No. 2, i.e. Mr. Ankit Arora is also present through VC and is identified by Mr. Deepak (SI), PS-Okhla.

¶6Respondent No.2 states that he has no grievance against the petitioner and has no objection, if the FIR in question is quashed.

¶7Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

¶8Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

¶9For the reasons stated above, F.I.R No. 431/2016 dated 06.07.2016, registered at PS Okhla Industrial Area under sections 420 and 120 B IPC, 1860 and consequential proceedings emanating therefrom is hereby quashed.

¶10Mr. De, learned counsel for the petitioner states that the petitioner will deposit a sum of Rs 25,000/- with DHCLSC within 4 weeks from today.

¶11The proof of payment shall be filed with the registry within 5 weeks from today, failing which the file shall be put up before the court.

¶12The present petition is disposed of accordingly.

¶13Dasti. JASMEET SINGH, J NOVEMBER 19, 2024/sp Click here to check corrigendum, if any This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5364/2024 & CRL.M.A. 20507/2024 AVIJIT DUTTA .....Petitioner Through: Mr. Sumant De, Mr. Rohit Singh, Advs. versus STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sanjeev Sabharwal, APP SI Deepak, PS- Okhla CORAM: HON'BLE MR. JUSTICE JASMEET SINGH