Mr. Yogesh Kumar, Adv. along with v. STATE NCT OF DELHI AND ANR

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 $~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2174/2025 JAI PRAKASH .....Petitioner Through: Mr. Yogesh Kumar, Adv. along with petitioner in person. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Priyanka Dalal, APP for the State. SI Vikash, PS Naraina and SI Sanjay, PS North Dist. Mr. Sandeep Singh Nainwal and Mr. Jitender Kumar Mishra, Advs. For R-2 along with R-2 in person.(through VC) CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 14.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under section 482 of the Cr.P.C. seeks quashing of FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom including the chargesheet filed and pending before the Court of Mr. Ankit Garg, learned JMFC- 08, Patiala House Courts, Delhi. 3. Brief facts leading to filing of the present petition are that on 12.11.2013, the present FIR was registered against the petitioner by respondent no. 2./complainant wherein, it was alleged that the petitioner has committed criminal breach of trust with him. On 03.01.2025, with the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 intervention of common friends, the petitioner settled the matter amicably with the respondent no.2. 4. Learned counsel for the petitioner submits that the present petitioner has since compromised their disputes with respondent no. 2. and , therefore, the present petition seeking quashing of FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom, has been preferred. 5. Copy of the Settlement Deed dated 03.01.2025 (Annexure-B) has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing the FIR. 6. The petitioner appears in person before the Court today and respondent no. 2/complainant has appeared through Video Conferencing and the parties have been duly identified by their respective counsels, as well as the Investigating Officer, SI Vikash, P.S. Naraina. 7. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties on 25.04.2025 which are as under: - “I am one of the Director of Nurture Clinic Pvt. Ltd. It is a two director company. The other director is my wife. I am fully competent to depose on behalf of the company. If required, I will file requisite Board Resolution of my authorization to appear and make statement before the Hon'ble Court. I am Respondent no. 2 in the present petition. At my instance, FIR No. 250/2013, Under Section 381/408/468 & 471 IPC, was registered at PS Naraina, Delhi. The charge sheet has been filed against the petitioner. Now, I have voluntarily without any pressure or coercion from anyone and with the intervention of friends and colleagues and after obtaining due legal advice entered into MOU/settlement deed executed on 25.03.2025 and have settled all my issues, disputes and grievances with the petitioners. The MOU is on record This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 as Annexure B at page 22/23 bearing my signatures. I have voluntarily and amicably resolved all my issues and disputes with the petitioners without any monetary or any other consideration. Accordingly, I have no objections, if the FIR No. 250/2013, Under Section 381/408/468 & 471 IPC, registered at PS Naraina, Delhi and all proceedings emanating there from are quashed against the petitioners. As per settlement, I do not wish to pursue the abovesaid FIR registered by me against the petitioners. I have also given my affidavit of no objection for quashing of the abovesaid FIR which is on record at page no. 14-15 of the petition bearing my signatures. The petitioner/accused was one of the employees with Nurture Clinic Private Ltd. and was looking after the billings! The present FIR germinates out of the fact that the petitioner made irregular entries in the billings and thereby caused wrongful losses to the company and caused wrongful game to himself. He is no more employed with us. Fie has tendered unconditional apology which we have accepted. I undertake on behalf of the company to not to institute any other civil or criminal proceedings against the petitioners with respect to the facts and circumstances leading to registration of the abovesaid FIR. There is no other . case instituted by me against the petitioners; and 1 undertake to withdraw if there is any other case. This is my true statement being made voluntarily in the presence of my counsel & IO. I fully understand the consequences of making the statement. I have signed this statement after the same has been read over to me and I have understood it.” 8. The complainant/respondent No.2 states that the matter has been settled with the petitioner and he has no objection if the FIR is quashed against the petitioners. He further stated that all the terms of the Settlement Deed have been complied with. 9. Learned APP for the State submits that investigation in the present FIR is complete and the chargesheet has been filed before the Court of competent jurisdiction and further submits that he has also no objection, if the present FIR and the chargesheet pending before the Court of competent jurisdiction is quashed. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28

10. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- “61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 11. In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR and all the other consequential proceedings emanating therefrom including the chargesheet and pending before the Court of competent jurisdiction. 12. In the interest of justice, the petition is allowed, and the FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Mr. Ankit Garg, learned JMFC- 08, Patiala House Courts, Delhi, is hereby quashed. 13. The present petition is disposed of. 14. Pending application(s), if any, also stand disposed of. 15. Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J MAY 14, 2025/kr/sc Click here to check corrigendum, if any

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 $~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2174/2025 JAI PRAKASH .....Petitioner Through: Mr. Yogesh Kumar, Adv. along with petitioner in person. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Priyanka Dalal, APP for the State. SI Vikash, PS Naraina and SI Sanjay, PS North Dist. Mr. Sandeep Singh Nainwal and Mr. Jitender Kumar Mishra, Advs. For R-2 along with R-2 in person.(through VC) CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 14.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition under section 482 of the Cr.P.C. seeks quashing of FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom including the chargesheet filed and pending before the Court of Mr. Ankit Garg, learned JMFC- 08, Patiala House Courts, Delhi. 3. Brief facts leading to filing of the present petition are that on 12.11.2013, the present FIR was registered against the petitioner by respondent no. 2./complainant wherein, it was alleged that the petitioner has committed criminal breach of trust with him. On 03.01.2025, with the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 intervention of common friends, the petitioner settled the matter amicably with the respondent no.2. 4. Learned counsel for the petitioner submits that the present petitioner has since compromised their disputes with respondent no. 2. and , therefore, the present petition seeking quashing of FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom, has been preferred. 5. Copy of the Settlement Deed dated 03.01.2025 (Annexure-B) has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing the FIR. 6. The petitioner appears in person before the Court today and respondent no. 2/complainant has appeared through Video Conferencing and the parties have been duly identified by their respective counsels, as well as the Investigating Officer, SI Vikash, P.S. Naraina. 7. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties on 25.04.2025 which are as under: - “I am one of the Director of Nurture Clinic Pvt. Ltd. It is a two director company. The other director is my wife. I am fully competent to depose on behalf of the company. If required, I will file requisite Board Resolution of my authorization to appear and make statement before the Hon'ble Court. I am Respondent no. 2 in the present petition. At my instance, FIR No. 250/2013, Under Section 381/408/468 & 471 IPC, was registered at PS Naraina, Delhi. The charge sheet has been filed against the petitioner. Now, I have voluntarily without any pressure or coercion from anyone and with the intervention of friends and colleagues and after obtaining due legal advice entered into MOU/settlement deed executed on 25.03.2025 and have settled all my issues, disputes and grievances with the petitioners. The MOU is on record This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28 as Annexure B at page 22/23 bearing my signatures. I have voluntarily and amicably resolved all my issues and disputes with the petitioners without any monetary or any other consideration. Accordingly, I have no objections, if the FIR No. 250/2013, Under Section 381/408/468 & 471 IPC, registered at PS Naraina, Delhi and all proceedings emanating there from are quashed against the petitioners. As per settlement, I do not wish to pursue the abovesaid FIR registered by me against the petitioners. I have also given my affidavit of no objection for quashing of the abovesaid FIR which is on record at page no. 14-15 of the petition bearing my signatures. The petitioner/accused was one of the employees with Nurture Clinic Private Ltd. and was looking after the billings! The present FIR germinates out of the fact that the petitioner made irregular entries in the billings and thereby caused wrongful losses to the company and caused wrongful game to himself. He is no more employed with us. Fie has tendered unconditional apology which we have accepted. I undertake on behalf of the company to not to institute any other civil or criminal proceedings against the petitioners with respect to the facts and circumstances leading to registration of the abovesaid FIR. There is no other . case instituted by me against the petitioners; and 1 undertake to withdraw if there is any other case. This is my true statement being made voluntarily in the presence of my counsel & IO. I fully understand the consequences of making the statement. I have signed this statement after the same has been read over to me and I have understood it.” 8. The complainant/respondent No.2 states that the matter has been settled with the petitioner and he has no objection if the FIR is quashed against the petitioners. He further stated that all the terms of the Settlement Deed have been complied with. 9. Learned APP for the State submits that investigation in the present FIR is complete and the chargesheet has been filed before the Court of competent jurisdiction and further submits that he has also no objection, if the present FIR and the chargesheet pending before the Court of competent jurisdiction is quashed. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:21:28

10. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- “61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 11. In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR and all the other consequential proceedings emanating therefrom including the chargesheet and pending before the Court of competent jurisdiction. 12. In the interest of justice, the petition is allowed, and the FIR No. 250/2013, under Sections 381/408/468/471 of the IPC registered at P.S. Naraina, and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Mr. Ankit Garg, learned JMFC- 08, Patiala House Courts, Delhi, is hereby quashed. 13. The present petition is disposed of. 14. Pending application(s), if any, also stand disposed of. 15. Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J MAY 14, 2025/kr/sc Click here to check corrigendum, if any