Pradeep Dheer & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ PRADEEP DHEER & ORS.

..... Petitioners Through: Mr.

Nikhil Tuteja, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Ms. Nandita Rao, ASCCRL for the State alongwith Mr.

Amit Peswani, Advocate.

SI Akansh Sharma (P.S.

Mahendra Park).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 01.07.2024 CRL.M.A. 18694/2024 (exemption from filing certified copies of annexures) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), seeking quashing of FIR No. 1089/2022 dated 13.08.2022, for offences under Sections 420/120B of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Mahendra Park. The FIR was registered on a complaint given by Respondent No.2 / Complainant, against the petitioners.

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

4.

It is alleged that Petitioner No. 1 who had been working with the complainant, in conspiracy with some other accused persons, had played fraud upon the complainant and Janalaxmi Financial Services Ltd. by dishonestly and fraudulently producing someone as a genuine customer for taking gold loan and fake gold ornaments were entrusted. The fake valuation report was also filed for the purpose of taking the loan. 5.

The complainant had alleged that since the accused was employed by him, the cheated amount was paid to Janalaxmi Financial Services Ltd. by the complainant.

6.

The allegations against the petitioners are that they have cheated and deceived the Respondent No. 2 and misappropriated the amount of ₹ 3,29,398/- which led to the registration of the present FIR.

7.

The present petition is filed on the ground that the parties have amicably settled all their disputes by way of a Compromise Deed/Settlement Deed dated 22.05.2024, with the intervention of friends, family, and respectable persons of society, on their own free will without any coercion, pressure, or undue influence. 8.

In terms of the Compromise Deed/Settlement Deed dated 22.05.2024, the entire settlement amount of ₹3,29,398/-, already stands paid to Respondent No. 2/Complainant.

9.

The complainant is present in person and has been duly identified by the Investigating Officer.

10.

On being asked, he states that he has settled all his disputes amicably and he does not have any objection if the present proceedings are quashed.

11.

The FIR was lodged way back in the year 2022. 12.

Offence under Section 420 of the IPC is compoundable. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

Keeping in view the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by relegating the parties to the Trial Court for filing an application to compound the offence. I am of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 482 of the CrPC.

14.

In view of the above, FIR No. 1089/2022 and all consequential proceedings arising therefrom are quashed. 15.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J JULY 1, 2024 'Aman'

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