Shri Bechan Jha & ANR. v. The State (NCT Of Delhi) And ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8064/2023 SHRI BECHAN JHA & ANR.

..... Petitioners Through: Mr.Binod Kumar Jha, Advocate with petitioners in person versus THE STATE (NCT OF DELHI) AND ANR.

..... Respondents Through: Mr.Laksh Khanna, APP for State with Insp. Mehrab Alam Mr.Niraj Gupta, Advocate for respondent No.2 with authorised representative of respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.04.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.178/2018 registered under Sections 406/420/120-B IPC at P.S. Economic Office Wing 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 of certain amount in the name of earning of huge profits through certain investment.

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.

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

4.

Learned counsels for the parties submit that the parties have settled their disputes on 07.08.2023 vide Settlement Agreement arrived at before Samadhan, Delhi High Court Mediation and Conciliation Centre, New Delhi. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

5.

The petitioners and Mr.Raj Kumar Miglani/authorized representative of respondent No.2, who are present in the Court, have been identified by their respective counsel and the Investigating Officer. 6.

Authorized representative of respondent No. 2 states that the aforesaid Settlement Agreement has been entered into out of free will, volition and without any coercion. He further states that there is 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 transactions with an essentially civil flavour may in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.50,000/- 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 Investigating Officer as well as in Court.

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 the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J APRIL 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.