RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioners under Article 226 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for quashing of FIR No.12/2007 under Sections 408/420/468/471/34 IPC registered with PS Kingsway Camp, Model Town lodged by the respondent No.2/complainant, M/s Saya Automobile Limited.

(2.) It is the case of the respondent No.2/Company that the petitioners induced it to part with physical deliveries of new motor vehicles to the customers, without receipt of proper sale consideration, thus causing wrongful loss to the respondent No.2.

(3.) Counsels for the parties state that after the aforesaid FIR was lodged by the respondent No.2 against them, investigations are going on. However, in the meantime, the parties are stated to have arrived at an amicable settlement, as recorded in the Compromise Deed dated 15.9.2009. Though the original Compromise Deed is not placed on the record, counsels for the parties hand it over in the court. The same is taken on record. It is stated in the aforesaid Compromise Deed that all the disputes, differences, claims, demands and grievances between the parties stand fully settled and neither of the parties would make any claim against each other. The compromise also records that the respondent No.2 would render all co- operation for quashing of the FIR and any proceedings arising therefrom. Along with the Compromise Deed, a copy of the extract of the minutes of the meeting of the Board of Directors of the respondent No.2, held on 13.3.2009 is handed over, and is taken on record. The said resolution authorizes Mr. Ganesh to appear on behalf of the respondent No.2.