The court can stay notices issued under Section 41A CrPC when a settlement exists and cross FIRs are involved.

1. The present application has been filed seeking following relief:-

• “a) Grant a stay on the Notice dated 05.04.2024 issued to the Petitioner under Section 41A, Cr.P.C by S.I. Dharmendra Sharma, P.S. Rajinder Nagar, Delhi in connection with FIR No. 392 of 2023; b) Grant a stay on any further investigation qua the Petitioner in respect of FIR No. 392 of 2023 during the pendency of the instant Petition;

• c) Direct the I.O. not to take any coercive steps against the Petitioner during the pendency of the instant Petition.”

2. Learned counsel for the petitioner submits that a settlement has already been arrived at between the complainant, as well as, the accused persons. He submits that there are cross FIRs registered by the complainant, as well as, the present petitioner.

3. At the instance of the present petitioner, the cross FIR No.18/2023 dated 14.09.2023 has been registered at Panchkula by the Anti-Corruption Bureau, Panchkula, Haryana and a petition seeking quashing of the same has been filed before the High Court of Punjab and Haryana at Chandigarh.

4. Likewise, the present petition has been filed seeking quashing of FIR No. 392/2023 registered at the instance of the respondent no.2.

5. He submits that both the petitions are coming up now on 30.04.2024 and in the backdrop of this factual matrix there was no occasion for the IO to have issued a notice under Section 41A CrPC

6. Issue notice. Learned APP for the State accepts notice.

7. Let status report be filed before the next date.

8. In the meanwhile, the notice dated 05.04.2024 issued to the petitioner under Section 41A CrPC, is stayed till the next date.