Suraj Rawat & ORS. v. The State & ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5592/2023 SURAJ RAWAT & ORS.

..... Petitioners Through: Mr.M.M. Khan, Advocate with petitioners in person versus THE STATE & ANR.

..... Respondents Through: Mr.Laksh Khanna, APP for State with SI Jagdeep Nara and Insp. Ramveer Singh Mr.Anil Vyas, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.05.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.6/2023 registered under Sections 201/419/420/468/471/34 IPC and 66C & 66D IT Act at P.S. Cyber Police Station South West on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners cheated respondent No.2 in the name of selling mobile phone. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim. He submits that the chargesheet has been filed in the present case under the aforesaid sections.

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4.

Learned counsels for the parties submit that the parties have reached an amicable settlement out of Court and in support of the said factum of settlement, reference is made to the statement of respondent No.2 recorded on 06.05.2023, copy of which has been placed on record. In terms of the settlement, respondent No. 2 is now left with no claim or grievance whatsoever against the petitioners.

5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent No.2 states that he has entered into the aforesaid settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

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

9.

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

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..."

10.

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;"

11.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

such assistance.

12.

Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application.

13.

With the above directions, the petition is disposed of. 14.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J MAY 14, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.