- (1.) The present writ petition has been filed by the petitioner for quashing of the F.I.R. dated 26.12.2017 bearing Case Crime No.818 of 2017, under Sections 406, 419, 420, 467, 468 and 471 I.P.C., Police Station Gudamba, District Lucknow.
(2.) The allegations in the F.I.R. are that the petitioner and one Avinash Maurya are the Managing Directors of a company named, Prestige Power Product. On their promise and persuasion, Respondent No.4 deposited Rs.1,26,000/- with the company under a scheme. Out of this deposit the company returned 1,13,000/- to the Respondent No.4 but refused to payback Rs.1,03,700/- as promised under the terms of the scheme. They manipulated the accounts of the company.
(3.) It appears that after lodging the F.I.R. Respondent No.4 has got his dispute settled with the petitioner and Avinash Maurya, Managing Director of Prestige Power Product company and he has executed an affidavit dated 20.02.2018 which has been placed on record with the counter affidavit filed on behalf of Respondent No.4. He has also annexed two demand drafts of Rs.1,00,000/- and Rs.28,700/- respectively with the affidavit issued in his favour towards settlement of his claim against the company and the petitioner and Avinash Maurya. In the affidavit, it has been specifically said that there no dispute is left to be settled between the parties and he does not want to prosecute the petitioner and Avinash Maurya and the impugned F.I.R. should be quashed.;