ORDER :

1. Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioner with a prayer for quashing of impugned F.I.R. bearing No. 1001/2016 registered at Police Station Vaishali Nagar, Jaipur City (West) for offences punishable under Sections 420, 406 and 120-B of Indian Penal Code and consequent proceedings thereof, qua the accused-petitioner only.

2. During the course of arguments, it has been submitted by the learned counsel appearing for the accused-petitioner, that a complaint was filed against the respondent No. 2 and others, which resulted into registration of F.I.R. No. 0110/2018 at Police Station Ranibagh Delhi for offences punishable under Sections 406 and 420/34 of I.P.C. It has further been submitted that on complaint of the respondent No. 2, impugned F.I.R. bearing No. 1001/2016 came to be registered at Police Station Vaishali Nagar, Jaipur City (West) for offences punishable under Sections 406, 420 and 120-B of I.P.C. against the petitioner and another. It has also been submitted that during the proceedings under F.I.R. registered at Police Station Ranibagh, Delhi against the respondent No. 2, the respondent No. 2 was arrested and remanded to the judicial custody. During trial, the respondent No. 2 through his brother-Ashutosh Bansal has settled all his grievances with the petitioner and the company M/s. Gomtesh Promoters Private Limited (Now Gomtesh Promoters LLP) vide MOU dated 25.10.2019 (Annexure-2) and in view of this MOU, the respondent No. 2 was granted regular bail.

3. It has been contended by learned counsel appearing for the accused-petitioner that when the respondent No. 2 was on bail, a controversy regarding the payment by the respondent No. 2, had taken place against which another settlement/agreement dated 06.02.2021 (Annexure-3) between the petitioner and respondent No. 2 has been arrived before the Delhi Mediation Centre, Rohini District Court, Delhi, wherein it was agreed that the petitioner and respondent No. 2 will cooperate with each other in getting their respective F.I.R. quashed before the concerned Court. It has further been contended that in view of settlements dated 25.10.2019 and 06.02.2021, F.I.R. bearing No. 110/2018 registered at Police Station Ranibagh, Delhi for offences punishable under Sections 406 and 420/34 of I.P.C. was quashed by the High Court of Delhi, vide its order dated 24.03.2021 against the respondent No. 2. It has also been contended that the dispute between the parties have amicably been settled and no useful purpose will be served by continuing with F.I.R. No. 1001/2016 registered at Police Station Vaishali Nagar, Jaipur City (West) against the petitioner, whereas the respondent No. 2 wants to proceed with the present F.I.R. against the accused-persons other-than the petitioner. Lastly, it is prayed that the present petition may be allowed and the impugned F.I.R. and the proceedings pending qua the petitioner only may also be quashed.

4. In rejoinder, during the course of arguments, it has been submitted by the learned counsel appearing for the accused-petitioner, that after quashing of F.I.R. bearing No. 110/2018 registered at Police Station Ranibagh, Delhi by the petitioner against the complainant, the complainant with the mala-fide intention has refused to co-operate with the petitioner for quashing of F.I.R. bearing No. 1001/2016 and has filed reply to the present petition, as such the complainant himself has violated the terms and conditions of agreement/settlement executed between them at the Mediation Centre, Delhi. It has further been submitted that the accused-petitioner has already complied with all the terms and conditions of MOU as well as agreement executed between the complainant and accused-petitioner by withdrawing all the cases filed by him against the complainant. It has also been submitted that after quashing of F.I.R. lodged by the petitioner against the complainant, on the basis of com