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2012 Supreme(Del) 452

SURESH KAIT
Y. N. Kashyap – Appellant
Versus
CBI – Respondent


Advocates appeared:
For the Petitioners:Rakesh Kr. Khanna, Sr. with Rajiv Garg, Rajiv Kapoor, & Ashish Garg, Advocates.
For the Respondent:Narender Mann, Spl. PP for CBI with Manoj Pant, Advocate.

JUDGMENT

SURESH KAIT, J:

1. Before addressing the respective contentions and factual matrix, it would be appropriate to mention here that by this common order, both the petitions are being dealt.

2. Vide order dated 29.08.2011, this Court has passed the following order:-

“1. Mr. Rakesh Khanna, ld. senior counsel for the petitioners submits that FIR No.RC-0712009(E) 0002 dated 13.02.2009 at PS EOW-II was registered under Section 120-B Indian Penal Code, 1860 read with Section 420, 467, 468, 471 Indian Penal Code, 1860 and Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act against the petitioners.

2. Ld. Sr. counsel further submits that respondent No.2 UCO Bank has compromised with the petitioners on 30.11.2009 and the respondent No.2 has no objection if the aforesaid FIR is quashed.

3. On the last date of hearing learned counsel for the bank appeared and submitted that they have received the entire amount from the petitioners and the matter has already been compromised.

4. Ld. counsel for the respondent Bank further submit that they do not want to pursue the case further.

5. Ld. counsel for CBI submits that the petitioners may have cleared the entire amount to the

































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