Athar Nabi v. The State Govt. Of NCT Of Delhi & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7103/2023 ATHAR NABI ..... Petitioner Through:

Mohd. Asif, Advocate with petitioner in person.

versus THE STATE GOVT. OF NCT OF DELHI & ANR...... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Deepak, P.S. Amar Colony.

Respondent No.2 in person through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 626/2016 registered under Sections 420/468/384 IPC at P.S. Amar Colony, Delhi on the ground that the parties have amicably settled their disputes. 2.

The allegations in the present FIR relate to fraud and forgery with respect to a transfer of immovable property.

3.

Mr. Khanna, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case.

4.

Learned counsel for the petitioner submits that the petitioner and respondent No. 2 are known to each other being residents of the same locality and the present FIR has been registered due to misunderstanding. He The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

further submits that parties have amicably settled their disputes before the Delhi Mediation Centre, Saket Court, New Delhi on 29.01.2020, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner. 5.

Petitioner, who is present in Court, has been identified by his counsel as well as the I.O./SI Deepak, P.S. Amar Colony. Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. 6.

Respondent No. 2, who has joined the proceedings through V.C., has been identified by the I.O. She states that she has settled the disputes with the petitioner out of her own free will, volition and without any coercion. She further states that all the obligations under the settlement, arrived at before the Mediation Centre, have already been worked out and she has no objection if the present FIR and consequent proceedings are quashed. 7.

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

8.

In ParbatbhaiAahir 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..."

9.

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;"

10.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MARCH 4, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.