LAWS(DLH)-2008-11-100

UNIQUE FRAGRANCES Vs. STATE NCT OF DELHI

Decided On November 19, 2008
UNIQUE FRAGRANCES Appellant
V/S
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) Respondents

JUDGEMENT

(1.) QUASHING of FIR No. 1484/2006 under Section 420/34 of Indian Penal Code registered at Police Station Saraswati Vihar, Delhi on the basis of Criminal complaint Case No. 737/1/2006 has been sought on the basis of a settlement which forms part of application I. A. No. 8702/2007 in Civil Suit (OS) No. 738/2007 which forms part of the decree in the aforesaid suit. Certified copy of the aforesaid application as well as the decree are on record at pages 50 to 70 of the paper book.

(2.) IN terms of the compromise arrived at between the parties, it has been agreed by the petitioners as well as respondent no. 1 not to pursue the FIR in question. Attention of this court has also been drawn to page 72 of the paper book on which there is an order of trial court dated 14th March, 2008 awaiting for the orders on this petition for quashing of FIR in question.

(3.) APEX Court in case of Madan Mohan Abbot V. State of Punjab (2008) 4 Supreme court Cases 582 observed as under :-