R N BARANWAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioner seeks quashing of criminal proceedings arising out of FIR No. 246/1999 PS: Dwarka which had alleged that he committed offences under Section 420/468/471 IPC. A charge sheet was filed and on the basis of materials on record, the trial court by its order dated 30.8.2005 framed charges against the petitioner.

(2.) It is contended on behalf of the petitioner that the offences alleged were essentially of civil nature and that the complainant as well as the petitioner accused had settled their differences. Reliance has been placed upon the memorandum of understanding arrived at by the parties on 22nd November, 1999. In terms of the said document, the complainant who initiated the criminal proceedings recorded his satisfaction that the settlement had taken place. It has also been stated in the said agreement that the complainant has received all his payment and consideration from the petitioner accused. Learned counsel relied upon an undertaking furnished by the said complainant on the same date stating that he has no any right over any such property.

(3.) The counsel submitted on 24.11.1999, the trial court had granted anticipatory bail to the petitioner in the course of the proceedings after satisfying itself that the complainant had settled his disputes with the petitioners.