LAWS(DLH)-2023-10-145

SANJEEV SRIVASTAVA Vs. STATE OF NCT OF DELHI

Decided On October 31, 2023
Sanjeev Srivastava Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks quashing of FIR No. 147/2022 under Sec. 174A of the Indian Penal Code, 1860 ('IPC') registered at PS Defence Colony.

(2.) Briefly stated, the facts of the present case, leading up to the registration of the present FIR are as under:

(3.) Learned Senior Counsel for the petitioners, at the outset, submitted that the inter se dispute between the parties, inasmuch as it relates to the noncompliance of certain terms of the settlement agreement dtd. 19/7/2018 has since been settled, vide a separate settlement agreement dtd. 21/12/2022. In view thereof, vide order dtd. 7/1/2023, the learned Metropolitan Magistrate compounded the complaint case under Sec. 138 of the NI Act and acquitted all the accused persons. It was submitted that pursuant thereto, respondent no. 2 has no objection if the present FIR against the petitioners in quashed. Respondent no. 2 has also given an affidavit to that effect, which has been placed on record.