Jaipal Singh v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 606/2022 JAIPAL SINGH .....Petitioner Through:
Mr. Gagan Kr. Sharma, Mr. Anil Kumar Sharma, Advocates with petitioner in person versus STATE & ANR.
....Respondents Through:
Ms. Rupali Bandhopadhya, ASC for State with Mr. Abhijeet Kumar and Mr. Anurag Arora, Advocates and SI Sachin Panwar, PS Fatehpur Beri, Delhi Mr. Rohitt Kumar Yadav and Mr.
Nikhil Saran, Advocate for R2 along with R2 through VC
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 20.02.2025 1.
The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [(earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed on behalf of the petitioner praying for quashing of FIR bearing No. 0540/2017 dated 21st December, 2017 registered at Police Station - Fatehpur Beri, Delhi for offences punishable under Sections 420/468/471/34 of the Indian Penal Code, 1860 (hereinafter "IPC").
2.
Learned counsel for the petitioner submitted that on account of certain misunderstanding between the petitioner and the respondent no.2, a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complaint was filed against the petitioner by the respondent no.2, which resulted in registration of the instant FIR.
3.
It is further submitted that in terms of paragraphs No.2 to 6 of the MoU, the possession has been handed over peacefully. 4.
It is submitted that the petitioner and respondent no.2 entered into settlement vide Memorandum of Understanding-cum-Compromise Deed dated 10th September, 2023 (hereinafter "MoU"). The terms and conditions of the said settlement are mentioned in the MoU, which is attached with the instant petition.
5.
Therefore, it is prayed that the instant FIR may be quashed on the basis of the settlement arrived at between the parties. 6.
Per contra, learned ASC for the State submitted that there is no objection to the prayer made on behalf of the petitioner seeking quashing of the FIR in question and subsequent proceedings emanating therefrom, in view of the settlement arrived at between the parties. 7.
Heard learned counsel for the parties and perused the material on record.
8.
The petitioner is present before this Court and has been identified by the Investigating Officer ("IO" hereinafter) SI Sachin Panwar, Police Station - Fatehpur Beri, Delhi and their counsel Mr. Gagan Kr. Sharma and the respondent no. 2 is present before this Court through video conferencing and has been identified by the IO and his counsel Mr. Rohit Kumar Yadav. 9.
On the query made by this Court, the respondent no.2 has categorically stated that he has entered into compromise on his own free will and without any pressure and therefore, he does not wish to pursue this matter any further. The parties undertook that they shall abide by all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
terms and conditions of the settlement arrived at between the parties. 10.
It was observed by the Hon'ble Supreme Court in the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of CrPC can be invoked to quash an FIR if the Court is satisfied that the nature of the offence does not impact the conscience of the society and that the compromise between the parties is voluntary and amicable. 11.
In the instant case, as stated above, the parties have reached a compromise and amicably settled the entire disputes without any pressure. 12.
In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed and the FIR bearing No. 0540/2017 dated 21st December, 2017 registered at Police Station - Fatehpur Beri, Delhi for offences punishable under Sections 420/468/471/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
13.
The petition alongwith pending application(s), if any, stands disposed of.
CHANDRA DHARI SINGH, J FEBRUARY 20, 2025 Rt/anr/mk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.