Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10411 of 2019 Petitioner :- Deepak Gupta @ Deepak Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Singh,Ankur Singh Kushwaha Counsel for Respondent :- G.A.,Tushar Oberoi
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ankur Singh Kushwaha, learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1,2 and 3 and Sri Rajesh Kumar Kanaujia, Advocate holding brief of Sri Shwetash Agrawal, learned counsel for the respondent no. 4.
The instant petition has been filed for quashing the first information report dated 4.4.2019 registered as case crime no. 0114 of 2019, Police Station- Ganganagar, District- Meerut under Sections 420, 406 I.P.C.
The allegation in the first information report is that the petitioner has not accounted for Rs. 1,50,000/-. It is alleged that Rs. 1,50,000/- was received by the petitioner for deposit with the Meerut Development Authority but the same was neither deposited nor accounted for.
The claim of the petitioner was that there was a salary dispute and that there was no documentary evidence that the amount was given for deposit with the Meerut Development Authority.
On 19.4.2019, after considering the submissions of the learned counsel for the parties, the following order was passed.
"The contention of the learned counsel for the petitioner is that there is no receipt or document to show that Rs.1,50,000/- was ever given to the petitioner to make deposit with the Meerut Development Authority.
It has been submitted that the salary of the petitioner has not been paid for quite sometime and when demand was raised, false allegations have been levelled.
Sri Shwetash Agrawal, who appears for the respondent no.4, prays for opportunity to file a counter affidavit to produce any document which may disclose that Rs.1,50,000/- was paid to the petitioner and receipt of which was acknowledged by the petitioner under his signature.
Put up this matter on 29.04.2019.
Till then, no coercive action shall be taken against the petitioner in Case Crime No.114 of 2019, under Sections 420, 406 I.P.C, Police Station Ganganagar, District Meerut."
A supplementary affidavit has been today in which it is stated that parties have entered into a settlement and no dues certificate has been provided by the respondent no. 4 (informant) to the petitioner and now there remains no dispute between the parties.
The settlement agreement has also been enclosed along with supplementary affidavit in which it is stated that parties have settled their dispute and they do not wish to pursue the case against each other.
Learned counsel for the respondent no. 4 does not dispute that the parties have entered into settlement. He has no objection, if the first information report is quashed.
As the first information report has arisen out of a money dispute between the parties and the parties have amicably settled their dispute and the informant no longer wishes to pursue the matter, keeping in mind the law laid down by the Hon'ble Apex Court in Gian Singh Vs. State of Punjab (2012) 10 SCC 303, we deem it appropriate to allow this petition and quash the first information report dated 4.4.2019.
The petition is allowed. The impugned first information report dated 4.4.2019 is hereby quashed.
There is no order as to costs. Order Date :- 30.4.2019 A. Pt. Singh