The court emphasized the need for amicable resolution of disputes and the exercise of inherent power under Section 482 Cr.P.C. to prevent abuse of process of law and secure the ends of justice.

P.S.TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, M/s. Indiabulls Ventures Ltd., formerly known as M/s. Indiabulls Securities Ltd. through its authorized representative Mr. Vikas Sachdeva and M/s. Indiabulls Housing Finance Services Ltd. formerly known as M/s. Indiabulls Financial Services Ltd. through its authorized representative Mr. Ashok Sehrawat having their Registered Office at M-62 & 63, 1st Floor, Connaught Place, New Delhi, 110001 for quashing of FIR No.65/2011 dated 01.04.2011, under Sections 420/471/467/468/120B IPC registered at Police Station E.O.W. and Criminal Complaint i.e. CC No. 46/1 of 2013 under Sections 120B/34 IPC r/w Sections 107/201/409/419/420/467/468/471 IPC on the basis of the memorandum of settlement arrived at between the petitioners and the respondent no.3, namely, Mr.Chandrashekhar Mishra on 24.04.2015.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent no.3, present in the Court has been identified to be the complainant/first informant in the FIR in question by his counsel.

3. The factual matrix of the present case is that the complainant/respondent no.3 lodged the FIR in question on the allegation that the complainant got to know that the HDFC Bank, Asaf Ali Road Branch, New Delhi have committed forgery, criminal breach of trust and cheating and thereby committed Economic Offences involving more than 5 crore by opening as well as operating a fake account in the name of the complainant. In the first week of September 2009, the complainant came to know that one saving bank account is running in his name and was being operated by some attorney holders. The complainant sent an application demanding the entire documents on 08.09.2009. The complainant found out that from the said account there was a transaction of more than five crores from 02.07.2007 till 22.09.2009.

On 01.04.2011, the FIR in question was registered by the Economic Offences Wing on the basis of a complaint dated 16.11.2009 filed by the respondent no.3/complainant. A criminal Complaint no. 46/1 of 2013 was filed by the respondent no.3 before the Ld. CMM, Tis Hazari Courts, Delhi. At the time of filing the criminal complaint, an application under Section 156(3) Cr.P.C. was also filed. Thereafter, the petitioner nos. 1 & 2 and the respondent no.2 amicable resolved their differences with the respondent no.3.

4. Respondent No.3 present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement, it has been agreed between the parties that with the execution of the instant memorandum of settlement, respondent no.3 has received all his loss amount towards full and final settlement of all the claim(s) of respondent no.3 and/or cost of litigation(s) and/or any other expenses incurred by him in respect of the litigation(s)/dispute(s) between the parties. It is agreed that respondent no.3 acknowledges the receipt of the loss amount as full and final settlement. It is further agreed that respondent no.3 does not wish to pursue the FIR in question and CC No. 46/1 of 2013 pending adjudication in the concerned District Court and/or his complaint(s) filed before various authorities. It is specifically agreed between the parties that respondent no.3 shall take all necessary steps to withdraw/quash the complaint(s) and/or proceedings before any competent Court of law/ Authorities in relation thereto. It is also agreed that respondent no.3 shall have no objection in quashing of the FIR in question and CC No. 46/1 of 2013 titled as Chandra Shekhar Mishra v. HDFC Bank & Ors. and shall fully cooperate with the petitioners and/or their Official(s) or Director(s) and respondent no.2 and/or their Official(s) or Director(s) in quashing of the abovementioned criminal complaint as also the FIR in question. It is also agreed that the parties shall jointly file the quashing petition(s)/and or any other proceeding