Jasbir Singh Walia and Another vs State and Another

Ajit Bharihoke

Parties are identified by their respective counsels and the Investigating Officer Inspector Praveen Kumar, P.S. Subhash Place. This is a petition u/s 482 Cr.P.C. seeking quashing of Complaint Case no. 2194/1 titled Shah Alam Vs. Jasbir Singh Walia and Others vide u/s 406/420 IPC on the ground of settlement arrived at between the parties.

It is submitted on behalf of the petitioners Jasbir Singh Walia and his wife Mrs. Ravinder Kaur Walia that they were directors of M/s. Thrill Marketing Services Pvt. Ltd. which is in the business of import and sale of glassware and gift items etc. They started dealing with the respondent no. 2 Shah Alam w.e.f. November, 2000. During the course of the business transaction, certain disputes arose which resulted in filing of FIR no. 904/2007 u/s 420/406/468/471/379/408/506 IPC against the respondent at P.S. Saraswati Vihar. The respondent also filed the above noted criminal complaint against the petitioners for the offences u/s 406/420 IPC. It is contended that the parties with the intervention of well-wishers and friends have amicably settled the matter and now there is no dispute left between them. The memorandum of understanding recording the terms and conditions of settlement was reduced into writing which was signed on behalf of the petitioners by their Special Attorney Chetan. Walia and the respondent no. 2. Learned Counsel for the petitioners submits that aforesaid settlement agreement has been acted upon and now there is no dispute left between the parties. Therefore, no fruitful purpose shall be served by prosecuting the petitioners on the basis of the complaint filed by respondent no. 2. Thus, Learned Counsel for the petitioners has pressed for quashing of the complaint.

Respondent no. 2, who has been identified by his counsel Shri Jatan Singh, has confirmed having arrived at an amicable settlement with the petitioners through their attorney. He further submits that he signed the original of copy of memorandum of understanding annexed with the petition of his own accord without any inducement or threat from any corner. Respondent no. 2 further submits that now there is no dispute left between the parties, as such he does not wish to pursue his complaint and he has no objection if the proceedings of the complaint filed by him u/s 406/420 IPC are compounded and the petitioners are acquitted.

In view of the settlement arrived at between the parties and the above statement of respondent no. 2 Shah Alam, the offence u/s 406/420 IPC which are subject matter of the complaint no. 2194/1 are allowed to be compounded and the petitioners are acquitted. Petition stands disposed of.