Anurag v. The State (Gnctd) & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 591/2023 ANURAG .....Petitioner Through: In person versus THE STATE (GNCTD) & ANR.

.....Respondents Through: Mr. Laksh Khanna, APP for State with SI Vishwa Partap Ms.Sonia Bahera, Advocate for respondent No.2 with AR of respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.09.2024 1.

The present petition has been filed seeking quashing of FIR No.342/2019 registered under Sections 420/467/468/471/120B IPC at P.S. Subhash Place, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations in the FIR, the petitioner committed the offence of cheating and forged the documents in order to get the loan amount sanctioned.

3.

Learned APP for the State submits that in the present case, the petitioner is the accused and respondent No.2 is the complainant/victim. He submits that the petitioner was a borrower. He further submits that though the parties have compromised, however, since the State machinery has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

put in motion, therefore, some cost may be imposed upon the petitioner. 4.

The petitioner and learned counsel for respondent No.2 submit that the parties have settled their disputes vide Deed of Settlement dated 22.05.2020. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioner. 5.

The petitioner, who is present in the Court, has been identified the concerned Investigating Officer. AR of respondent No.2, who is present in the Court, has been identified by his counsel as well as by the Investigating Officer and he has also handed over self-attested copy of his Aadhar Card as well as the gate pass. The same is taken on record. 6.

AR of respondent No.2 states that he has entered into the aforesaid deed of settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.

7.

The petitioner and learned counsel for respondent No.2 submits that no other proceedings are pending between the parties. 8.

The parties shall remain bound by the statements made in Court today.

9.

In Parbatbhai Aahir and Others v. State of Gujarat and Another reported as (2017) 9 SCC 641, it has been held as under:- "16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

xxx 16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and..."

10.

Similarly, in State of Madhya Pradesh v. Laxmi Narayan and Others reported as (2019) 5 SCC 403, it has been held as under:- "15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:

15.1. That the power conferred Under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences Under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;"

11.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10,000/- by the petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks from today. The amount so The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

12.

Proof evidencing receipt of deposit shall be filed with the concerned I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 13.

With the above directions, the petition is disposed of. 14.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J SEPTEMBER 18, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.