Sh Anurag Sehgal And ANR v. The State NCT Of Delhi

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4828/2023 SH. ANURAG SEHGAL AND ANR ..... Petitioners Through:

Mr Navneet Kumar and Mr. Vikram Yadav, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr. Nawal Kishore Jha, APP for State with SI Manjit Singh PS Kirti Nagar, Delhi.

Ms.

S.

Sood, Advocate for complainant.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 24.05.2024

O R D E R

1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 280/2021 registered under Section 420 IPC at Police Station Kirti Nagar, Delhi.

2.

The allegations in the present FIR relate to the cheating committed by the petitioners in respect of a loan transaction. 3.

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant in the present case. He states that the matter is still pending investigation.

4.

Ms. S. Sood, learned counsel for the respondent No.2/complainant, who appears through VC, states that the [complainant/respondent No.2/bank have issued 'no dues certificate', the loan having been repaid by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners.

5.

Learned counsel for the petitioners submits that the petitioners have already paid the due amount to the respondent No.2/complainant and a no dues certificate has already been issued in this regard, copy of which has been placed on record.

5.

Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.

6.

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

7.

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; 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..."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

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;"

9.

Considering that the loan amount of Rs.3 lacs already stands paid and a no dues certificate has already been issued in this regard, and that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.5,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

Proof evidencing receipt of deposit shall be filed with the I.O. In case proof of deposit is not filed within stipulated time, the IO shall be at liberty to move an appropriate application in this regard. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 24, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.