Sh. Naresh Kumar & ORS. v. The State & ANR.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4079/2024 & CRL.M.A. 15506/2024 (exemption) SH. NARESH KUMAR & ORS.
..... Petitioners Through:
Ms. Somya, Advocate alongwith petitioners in person.
versus THE STATE & ANR.
..... Respondents Through:
Mr. Hemant Mehla, APP for the State with Ms. Mridul Sharma, Advocate.
SI Dhananjay Gupta, PS Rajouri Garden.
Ms. Bhavya Jain, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 20.05.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 888/2020, under Sections 420/506/120B of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Shashank Nandan Bhatt, Learned Metropolitan Magistrate, Tis Hazari Courts, Delhi.
2.
Learned counsel appearing on behalf of the petitioners submits that during the pendency of the aforesaid proceedings the parties have resolved their disputes before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 02.12.2023. As per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 1,90,00,000/- to the respondent no.2 towards full and final settlement of all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
her claims. The copy of the aforesaid settlement deed dated 02.12.2023 is on record (Annexure P-5). Further, as per the settlement deed, the total amount of Rs. 1,90,00,000/- has already been paid to respondent no.2. 3.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Dhananjay Gupta, PS Rajouri Garden. 4.
The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.
5.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
7.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 888/2020, under Sections 420/506/120B of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending before the Court of Sh. Shashank Nandan Bhatt, Learned Metropolitan Magistrate, Tis Hazari Courts, Delhi. 8.
In the interest of justice, the petition is allowed, and the FIR No. 888/2020, under Sections 420/506/120B of the IPC, registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Shashank Nandan Bhatt, Learned Metropolitan Magistrate, Tis Hazari Courts, Delhi, is hereby quashed, subject to payment of consolidated cost of Rs. 1,00,000/- to be deposited with Delhi High Court Advocates Welfare Trust within a period of 10 working days from today. 9.
Petition is allowed and disposed of accordingly. 10.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 20, 2024/sn 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.