Chetram Meena & ORS. v. State Govt Of NCT Of Delhi & ANR.

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CHETRAM MEENA & ORS.

.....Petitioners Through:

Mr.

Akhilesh Kumar Meena (D/692/16) and Ms. Twinkle Meena (6721/19), Advocates along with Petitioners in person.

versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kumar, Advocate.

SI Rajesh Kumar, DIU/Dwarka Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.09.2024 1.

The Petitioners have approached this Court for quashing FIR No.68/2022 dated 18.01.2022, registered at Police Station Dwarka North for offences punishable under Sections 420/120B IPC on the ground that the Parties have entered into a settlement.

2.

The present FIR was registered against the Petitioners on the complaint of Respondent No.2/Complainant herein. The allegations against the Petitioners are of cheating and financial fraud. 3.

It is stated that the parties have settled all their disputes amicably by a Memorandum of Understanding (MoU) dated 23.08.2024. A copy of the said Memorandum of Understanding (MoU) dated 23.08.2024 has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

annexed with the present petition as Annexure-B. The relevant portion of the MoU dated 23.08.2024 reads as under:

".......WHEREAS, on the complaint of the second party an F.I.R. bearing No.0068/2022, Under Section 420/120B IPC has been registered at police station Dwarka North New Delhi, against the first party. AND WHEREAS, the I.O. of the above said case has not filed charge sheet against the first party till today. WHEREAS, due to the intervention of the common friends and other respectable persons of the society, the first party and second party have settled all their disputes amicably and the first party is ready to return the amount of Rs.3,20,000/- (Rupees Three Lakhs and Twenty Thousand only) as full and final settlement to the second party in the following manner:

(i) CHETRAM MEENA issued Demand Draft No.029538 dated 16.07.2024 for a sum of Rs.

1,70,000/- drawn HDFC BANK, branch R.K.

Puram, New Delhi-110022 and he also issued another Demand Draft No.082862 dated 25.07.2024 for a sum of Rs.50,000/- drawn HDFC BANK, branch Safdarjung Market, New Delhi110016. (ii) RAVIKANT SHARMA issued Demand Draft No.277490 dated 18.07.2024 for a sum of Rs.50,000/ drawn INDUSIND BANK, branch Sector-22, Gurugram, (Haryana).

(iii) RAHUL issued Demand Draft No.531312 dated 11.07.2024 for a sum of Rs.50,000/ drawn IDFC FIRST BANK, branch Sadar Bazar, Gurugram, (Haryana).

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

AND WHEREAS, both the parties have settled their issue between them, now the second party is left with no dispute against the first party, therefore, the second party compounded/settled the matter with the first party and agreed to appear before the Hon'ble High Court, if required, in quashing the above mentioned F.I.R. against the second party......."

4.

As per the MoU, the parties have agreed to settle all their disputes amicably and it is stated by Respondent No.2/Complainant, who is present in Court, that as per the settlement, the entire amount stands paid and he does not have any objection if the present FIR and all the proceedings emanating therefrom are quashed in terms of the Settlement. 5.

Today, the parties are present in Court. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/Complainant has been identified by the Investigating Officer. The Complainant/Respondent No.2 states that he has settled all his disputes with the Petitioners out of his own free will, without pressure, coercion or undue influence and states that he does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court. 6.

Considering the fact that the parties have amicably settled their disputes and the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.68/2022 dated 18.01.2022, registered at Police Station Dwarka North for offences The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

punishable under Sections 420/120B IPC and the proceedings emanating therefrom are hereby quashed 7.

The petition stands disposed of in above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J SEPTEMBER 6, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.