Hajeej India Hospitality P. Ltd. and Another vs State NCT of Delhi and Another

Suresh Kait, J.

Crl. M.A. No. 11576/2011 (exemption)

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

Crl. M.C. No. 3252/2011

Issue notice.

Ms. Rajdipa Behura, learned APP for State accepts notice on behalf of both Respondents.

Learned Counsel for the Petitioners submits that vide FIR No. 123/2011 dated 02.08.2011, a case u/s 420 Indian Penal Code, 1860 has been registered against the Petitioner No. 1 on the complaint of Petitioner No. 2 at police station Barakhamba Road, New Delhi.

Learned Counsel for the Petitioners further submits that Petitioner No. 2 has compromise the matter with the Petitioner No. 1 and he does not wish to pursue aforesaid FIR against the Petitioner No. 1.

Petitioner No. 2, who is himself Advocate by profession, personally present in person in the Court and submits that he has settled all the issues qua the aforesaid FIR with Petitioner No. 1 and does not wish to pursue the case any further. He has no objection, if the present FIR is quashed.

Ms. Rajdipa Behura, learned APP for State submits that the investigation is pending, therefore, the charge-sheet has not been filed. Further submits that if this Court is inclined to quash the present FIR, heavy costs may be imposed upon the Petitioner No. 1.

Keeping the settlement between Petitioner No. 1 and Petitioner No. 2, in the interest of justice, I hereby quash the FIR No. 123/2011 u/s 420 Indian Penal Code, 1860 registered against the Petitioner No. 1 at police station Barakhamba Road, New Delhi.

I find force in the submission of learned APP for State that Petitioner No. 1 is a private limited company registered with Registrar of Companies, therefore, it is a juristic entity under law.

I note that at page No. 18 of the paper-book, Petitioner No. 1 company has authorised Mr. Rayees Khan to sign the documents and take care of all the legal matters on behalf of ''Hajeej India Hospitality Pvt. Limited'' and deposit official documents to the respective department in relates to the legal activities.

In the circumstances, I impose a costs of Rs. 1.00 lac to be deposited in favour of ''Delhi Child Welfare Fund'', at Child Protection Unit, Department of Women and Child Development, 1, Canning Lane, K.G. Marg, New Delhi, within three weeks from today and proof thereof shall be placed on the record by Petitioner No. 1.

It is further directed that the same amount shall be disbursed in favour of the Principal, Nursery School for Mentally Retarded Children, Mayur Vihar, Delhi.

12 Further directed, the said amount shall be disbursed in the account of the Principal of the said School.

In case, the Principal of the School does not have any account; I hereby direct that the account shall be opened by the Principal of that school, within two days from the date of receipt of copy of this order and said amount shall be utilised for the well being of the children of the said school.

Copy of the order be sent to the Principal of above named school for information and compliance.

Accordingly, Criminal M.C. No. 3252/2011 is allowed and stands disposed of in above terms.

Dasti.

Crl. M.A. No. 11575/2011(stay)

In view of the above orders passed in Criminal M.C. No. 3252/2011, instant application renders infructuous and disposed of as such.