Chandra Prakash Sharma & ORS. v. State NCT Ofdelhi And ANR.
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4935/2023 CHANDRA PRAKASH SHARMA & ORS.
...Petitioners
Through:
Mr.Sangram Singh, Mr. V.P. Singh, Ms. Ankita Mishra, Mr. Vikas Kumar and Ms. Tripta Sharma, Advocates versus STATE NCT OFDELHI AND ANR.
....Respondents Through:
Mr. Satish Kumar, APP for the State with SI Naveen and Inspr. M P Singh Mr Anil Kumar Kaushik, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 29.11.2024 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) has been filed by the petitioners praying for quashing of FIR bearing No. 100/2013, registered at Police Station Keshav Puram, Delhi, for offences punishable under Sections 420/468/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.
The brief facts of the case are that the complainant/respondent no. 2 filed a complaint against the petitioners alleging that the petitioners conspired to make a Demand Demand draft in the name of petitioner no. 2 from the complainant's bank account, by way of which they cheated the complainant of Rs. 7,00,000/- (Rupees Seven Lakhs). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petitioners are present before this Court and have been identified by their counsel Mr. Sangram Singh and Investigating Officer ("IO" hereinafter) SI Naveen, Police Station - Keshav Puram, New Delhi. The respondent No.2 is also present before this Court and has been identified by his counsel and the IO.
4.
The parties to the present dispute entered into settlement vide Memorandum of Understanding (MoU) dated 02nd June, 2023 which is annexed as Annexure P-6 and have settled all their disputes amicably as per the terms & conditions of the said MoU.
5.
It is submitted that the respondent No.2 has settled all the disputes of any nature whatsoever with the petitioners for a sum of Rs.7,00,000/- (Rupees Seven Lakhs) and the said amount was agreed to be paid at the time of quashing of the present FIR.
6.
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. It is also stated by the respondent no.2 that the entire dispute has been amicably settled between the parties. 7.
The petitioners have handed over a Demand Draft bearing No.049277 for the amount of Rs.7,00,000/- dated 29th November, 2024 in the name of respondent No.2 today in the Court. The respondent No.2 has verified the particulars of the Demand Draft to his satisfaction and stated them to be correct.
8.
It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise between the parties. The petitioners are present in-person and they undertake to not repeat the same conduct in the future.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Learned APP for the State submitted that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 10.
Keeping in view the fact that parties have settled the matter as well as the undertaking given by the petitioners, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 100/2013, registered at Police Station Keshav Puram, Delhi, for offences punishable under Sections 420/468/34 of the IPC and consequent proceedings emanating therefrom are quashed.
11.
The petition along with pending applications stands disposed of. CHANDRA DHARI SINGH, J NOVEMBER 29, 2024 Rt/st 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.