Mohit Gupta & ANR. v. State Govt Of NCT Of Delhi And ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4150/2024 & CRL.M.A. 15743/2024 (Exemption) MOHIT GUPTA & ORS.

..... Petitioners Through:

Mr. Subhash Chand, Adv. With petitioner no.3 in person.

Petitioner no.1 and 2 through VC.

versus STATE GOVT OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Sunil Kumar Gautam,APP for the State.

ASI Hans Kumar & SI Jitender Kumar, P.S. Mohan Garden.

Ms. Sakshi Tanwar, Adv. for R2(through VC) R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.05.2024 1.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 67/2024, under Sections 420/34 IPC, registered at P.S. Mohan Garden.

2.

Learned counsel appearing on behalf of the petitioner submits that during the pendency of the investigation, the matter has been resolved between the parties before the Delhi Mediation Centre, Dwarka Courts, New Delhi vide settlement dated 01.05.2024.

3.

Further, as per the settlement deed, an amount of Rs. 14,00,000/- has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

already been paid to respondent no.2 and the remaining amount of Rs. 1,00,000/- has been paid to him in court today, by means of a demand draft. Further in terms of the said settlement, a gold coin of 10 grams has been returned to the petitioner.

4.

Petitioner no.3 and complainant/respondent no. 2 are present before the Court and petitioner no.1 and 2 are present through video conferencing have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Hans Kumar. P.S. Mohan Garden. 5.

A demand draft bearing no. 298210 dated 06.04.2024 for Rs. 1,00,000/- drawn on State Bank of India has been handed over to the complainant/respondent No.2, who acknowledges the receipt of the same. 6.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 7.

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."

8.

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. 67/2024, under Sections 420/34 IPC, registered at P.S. Mohan Garden.

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

.

9.

In the interest of justice, the petition is allowed, and the FIR No. 67/2024, under Sections 420/34 IPC, registered at P.S. Mohan Garden, is hereby quashed.

10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 21, 2024/nk 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.