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2016 Supreme(Del) 186

SURESH KAIT
TARUN RASTOGI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. Rajesh Rai, Adv.
Mr. G.M. Farooqui, APP for State with SI Mukesh, PS-Barakhamba Road.

JUDGMENT :

SURESH KAIT, J.       

1. Vide the present petition; petitioner seeks directions thereby quashing of FIR No. 182/2009 registered at PS-Barakhamba Road for the offences punishable under Sections 420/408 IPC.

2. The present petition has been filed on the ground that vide memorandum of understanding dated 10.06.2010, matter has been settled with the respondent no.2, i.e., the informant of the FIR. Thereafter, vide order dated 16.06.2010, passed by ld. Special Judge, NDPS (Vacation Judge), the matter has been settled between the petitioner and respondent nos. 3, 4 and 5. Accordingly, petitioner paid an amount of Rs.70,000/- to respondent no. 3 and Rs.85,000/- each to respondent nos. 4 and 5.

3. Pursuant to order dated 04.02.2013, services have been effected upon respondent nos. 2, 3 and 5. Despite, none appeared on their behalf as is recorded in order dated 12.07.2013.

4. As regards the service upon respondent no. 4 pursuant to order dated 04.04.2014 is concerned, service effected through speed post returned back undelivered with the report that respondent no. 4 has left the premises without leaving details of the current address.

5. Ld. APP appearing on behalf of the State




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