Dharmender Dhanwal And ANR. v. The State And ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5786/2023 DHARMENDER DHANWAL AND ANR.

..... Petitioners Through: Mr. Kunal Yadav, Advocate with petitioners in person versus THE STATE AND ANR.

..... Respondents Through: Mr.Aashneet Singh, APP for State with SI Deepak Sharma Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 48/2017 registered under Sections 420/467/468/471 IPC at P.S. Punjabi Bagh, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners created certain forged and fabricated documents in order to illegally acquire the property belonging to respondent No.2.

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.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Compromise/Settlement Deed dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

19.07.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. It is further submitted that the settlement amount has already been paid.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is also present in Court, is identified by the Investigating Officer. 6.

Respondent No.2 states that he has entered into the aforesaid Compromise/Settlement Deed out of his own free will, volition and without any coercion. He further acknowledged receipt of the entire amount and states that he has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsel for the petitioners submits 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 transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

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

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 costs of Rs.20,000/- by petitioner No.1 to be deposited with the Delhi State Legal Services Authority 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 such assistance.

12.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

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

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. 15.

The Registry shall list the matter before this Court in case receipt of costs to be paid by petitioner No.1 is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 31, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.