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IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 683/2009 ABDULLAH AZIZ and ORS. ..... Petitioners Through: Mr.R.M.Tufail with Mr.Anwar A.Khan and Mr.Vishal Sehijpal, Advocates. versus STATE and ORS. ..... Respondents Through: Mr.Manoj Ohri, APP for State/R-1 with IO SI Mukesh Kumar. Mr.N.Hari Haran, Advocate for R-2 with Mr.Rakesh Luthra, A.R of R-2 Company. CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL O R D E R 06.04.2009 By this writ petition under Section 482 Cr.P.C. the petitioners seek quashing of FIR bearing No.370/2005 under Sections 408/420/120-B IPC and 66 of the Information Technology Act registered at Police Station Anand Vihar and all proceedings arising out of the said FIR. 2. Briefly stated, the facts of the case are that on 07.07.2005 a complaint was received through Mr.Ranjeet Singh, Secretary of Parsec Technologies Ltd. at the Office of the Deputy Commissioner of Police, EOW, Qutab Institutional Area, New Delhi for criminal breach of trust, fraud and cheating with the complainant company (respondent No.2 herein). On the basis of the said complaint, case FIR No.370/2005 under Sections 409/420/120-B IPC and 66 of the I.T. Act was registered against the petitioners with Police Station Anand Vihar, Delhi. The petitioners were arrested by the police but subsequently admitted to bail by the Court. 3. During the pendency of the proceedings, a settlement was arrived at between the complainant company and the petitioners, in terms of which the complainant company/respondent No.2 agreed not to proceed with its complaint against the petitioners. The counsel for the respondent No.2, who is present in Court along with the Authorized Representative of the respondent No.2 company, states that the respondent No.2 company has now no grievance left against the petitioners and is not interested in pursuing the complaint any longer. 3. Notice of the petition was issued to the State as well. In response to the said notice, the respondent No.1/State has filed a status report stating that the case is pending trial. 4. Statement of Shri Rakesh Luthra, Senior Administrative Officer of the respondent No.2 company was recorded by this Court on 6th April, 2009. In his said statement, he has stated that the dispute between the petitioners and the respondent No.2 company had been amicably settled vide settlement deed dated 12.02.2009 and that the respondent No.2 company has no objection to the quashing of the FIR in question against the petitioners. 5. Keeping in view the fact that the petitioners and the respondent No.2 company have amicably resolved all their disputes, in my view, continuance of the criminal proceedings against the petitioners would be an exercise in futility, which could only result in wastage of the time of the Court and expense to the public exchequer. Consequently, FIR bearing No.370/2005 under Sections 408/420/120-B IPC and 66 of the Information Technology Act registered at Police Station Anand Vihar and all proceedings emanating therefrom are hereby quashed. 6. CRL.M.C. 683/2009 stands disposed of accordingly, leaving the parties to bear their own costs. Copy of this order be given dasti to counsel for the parties as prayed. REVA KHETRAPAL,J APRIL 06, 2009 dc I-31
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