M/S J.M. Housing Limited And ORS. v. State, NCT Of Delhi And ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ M/S J.M. HOUSING LIMITED AND ORS.
..... Petitioners Through:
Mr. Yitendra Sethi, Adv.
P1,2,4, 5, 6 & 7 in person P3 (through VC) versus STATE, NCT OF DELHI AND ORS.
..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC for the State SI Naveen Kumar, PS- IP Estate Mr. Hemant Gulati, Adv.
for R2 & R3 R2 in person R3 (represented by R2through Special Power of Attorney)
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 02.02.2024 CRL.M.A. 3415/2024 (for exemption) 1.
Exemptions allowed, subject to all just exceptions. 2.
The application stands disposed of.
3.
The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking quashing of FIR No.
320/2023 dated 22.10.2023, under Sections 420/468/471/120B of the Indian Penal Code, 1860 ('IPC'), registered at Police Station I.P. Estate. The FIR was registered at the behest of Respondent No. 3, who is represented through The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondent No.2 (Special Power of Attorney Holder), against the petitioners.
4.
It was alleged that the complainant had booked a Flat bearing No. Flat No. G-604, Block G in group housing Project namely "J.M. Florence" but the petitioners / accused allegedly changed the said booking to Flat No. H-605 in Tower-II in the said housing project and also increased the consideration amount with respect to the said flat.
5.
The present petition has been filed on the basis of a settlement arrived at between the parties, regarding property being, Unit/Flat, bearing no. H-605 in the Housing Society namely J.M. Florence at Techzone-IV, Greater Noida, Dist. Gautam Budh Nagar, Uttar Pradesh.
6.
As per the terms of settlement, JM Housing Limited has agreed to pay a sum of ₹98,00,000/- to Savitri Srivastava and Dr. Narendra Kumar. Out of the said amount, ₹20,00,000/- was paid at the time of signing of the settlement deed, and an amount of ₹12,64,197/- is paid today by way of three demand drafts, the details of which are as follows:
S.
DD No.
Date Bank In the name Amount No.
of ₹3,00,000/- 1.
501313 19.01.2024 ICICI Bank, Savitri Sector-01, Srivastava Greater Noida ₹5,00,000/- 2.
501296 06.01.2024 ICICI Bank, Savitri Sector-01, Srivastava Greater Noida ₹4,64,197/- 3.
501292 06.01.2024 ICICI Bank, Savitri Sector-01, Srivastava The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Greater Noida 7.
The learned counsel for the petitioners submits that a total sum of ₹65,35,803/- is lying deposited with the learned Trial Court in the form of two demand drafts both dated 06.01.2024, bearing No. 501289 for a sum of ₹36,76,925/-; another demand draft bearing No.501288 for a sum of ₹28,58,878/-. He submits that the same can be released in favour of the complainant. 8.
The present petition is filed on the ground that the parties have amicably settled all their disputes by way of a Settlement Deed dated 16.01.2024, with the intervention of friends, family, and respectable persons of society, on their own free will without any coercion, pressure, or undue influence.
9.
The parties are present in person and have been duly identified by the Investigating Officer. They state that they have settled their disputes amicably and do not have any objection if the proceedings are quashed.
10.
Offence under Section 420 of the IPC is compoundable whereas offences under Sections, 468, 471 and 120B of the IPC are non-compoundable.
11.
It is well settled that the High Court while exercising powers under Section 482, CrPC, can compound offences which are non-compoundable under CrPC on the ground that there is a compromise between the accused and the complainant. The Hon'ble Supreme Court has laid down parameters and guidelines for High Courts exercising jurisdiction under Section 482 for quashing of proceedings on the ground of settlement. In the case of Narinder Singh & Ors. V. State of Punjab & Anr. : (2014) 6 SCC 466, the Hon'ble Supreme Court has observed as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:
29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases."
(emphasis supplied) 12.
Similarly, in the case of Parbatbhai Aahir & Ors v. State of Gujarat & Anr. : (2017) 9 SCC 641, the Hon'ble Supreme Court has observed as under :- "16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:
16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.
16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power.
16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.
16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.
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 insofar as the exercise of the inherent power to quash is concerned.
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 16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
(emphasis supplied) 13.
Keeping in view the nature of dispute and that the parties have amicably entered a settlement, this Court feels that no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 482 of CrPC.
14.
However, keeping in mind the fact that the State machinery has been put to motion, ends of justice would be served if the parties are put to cost.
15.
In view of the above, FIR No. 320/2023 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹20,000/-, to be deposited by the petitioners with the Delhi Police Welfare Fund, within a period of four weeks from today.
16.
The concerned Trial Court in FIR No. 320/2023 is also directed to release the Demand Drafts deposited with the Trial Court to the complainant or her authorised representative on the strength of the present order.
17.
The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J FEBRUARY 2, 2024 "SS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.