SUKHVINDRA SINGH RATHORE Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioners under Section 482 of the Cr.PC seeking quashing of FIR No.326/2008 lodged by the respondent No.2/company against the petitioners under Sections 406/420/467/468/471/120B IPC, registered with Police Station: Darya Ganj, Distt. Central Delhi.

(2.) In the complaint, the respondent No.2/complainant accused petitioner No.1 and his father, Dr.Himmat Singh Rathore of non-payment of dues payable by various parties for taking vehicles on hire-purchase from the complainant, at the recommendation of the petitioner No.1 and his father. It is further alleged that the petitioners had projected themselves as financers to the hirers and received payments towards the hire installments in the name of the complainant/company for depositing the amounts in its account, which they failed to do. Pursuant to lodging of the aforesaid FIR, investigation was carried out by the police authorities and thereafter, the prosecution filed a charge-sheet against the petitioners before the Metropolitan Magistrate, Tis Hazari Courts. In the said proceedings, the petitioner No.1 sought regular bail, which was granted in his favour. The petitioner No.2 was given anticipatory bail from the High Court.

(3.) Now, the parties state that during the pendency of the aforesaid proceeding, they have settled their dispute amicably in terms of the MOU dated 19.06.2009 (Annexure-B). As per the settlement arrived at between the parties, the petitioners have agreed to pay a sum of Rs.1 crore in installments to the respondent No.2/complainant, in return of which, the respondent No.2/complainant has agreed not to oppose the prayer made by the petitioners for quashing of the FIR, subject matter of the present petition.