Anoop Sati & ANR. v. State Of NCT Delhi And ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 106/2024 & CRL.M.A. 880/2024 (Delay in Re-filing) ANOOP SATI & ANR.
..... Petitioners Through:
Mr. Navdeep Jain, Advocate alongwith petitioners in person.
versus STATE OF NCT DELHI AND ANR.
..... Respondents Through:
Mr. Sanjeev Bhandari, ASC (Crl.) with Mr. Kunal Mittal, Mr. Arjit Sharma & Ms. Rishika, Advocates.
SI Dhananjay Dubey, P.S. Krishna Nagar.
Ms. Anjali Dhawan, Advocate for R-2 alongwith Dr. Vipin Rastogi, AR of R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 10.01.2024 CRL.M.A. 879/2024 (Exemption) 1.
Exemption allowed, subject to just exceptions. 2.
The application is accordingly disposed of.
W.P.(CRL) 106/2024 & CRL.M.A. 880/2024 (Delay in Re-filing) 3.
The present petition filed under Article 226/227 of the Constitution of India read with Section 482 of the Cr.P.C. seeks quashing of FIR No. 810/2021, under Sections 420/467/468/380/471/120B of the IPC, registered at P.S. Krishna Nagar, District-Shahdara, Delhi. 4.
Learned counsel appearing on behalf of the petitioners submits that during the pendency of the investigation, the matter has been compromised The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with the complainant, i.e., M/s Goyal Urology & Maternity Centre Pvt. Ltd. It is pointed out that in pursuance of the aforesaid compromise, an amount of Rs. 3,95,000/- has been paid to the complainant as full and final settlement.
5.
Petitioners are present before the Court, Dr. Vipin Rastogi, Authorised Representative of complainant/respondent no. 2, i.e., M/s Goyal Urology & Maternity Centre Pvt. Ltd. appears through video conferencing alongwith counsel, duly identified by the Investigating Officer, SI Dhananjay Dubey, P.S. Krishna Nagar.
6.
Dr. Vipin Rastogi, submits that the matter has been settled with the petitioners and the aforementioned amount as full and final settlement has been received. He further submits that he has no objection, if the present FIR is quashed.
7.
Learned Additional Standing Counsel for the State submits that chargesheet in the present FIR is yet to be filed. In view of the settlement between the parties, learned Additional Standing Counsel for the State also has no objection if the present FIR is quashed, subject to cost. 8.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 810/2021, under Sections 420/467/468/380/471/120B of the IPC, registered at P.S. Krishna Nagar, District-Shahdara, Delhi.
10.
In the interest of justice, the petition is allowed, and the FIR No. 810/2021, under Sections 420/467/468/380/471/120B of the IPC, registered at P.S. Krishna Nagar, District-Shahdara, Delhi, is hereby quashed subject to cost of Rs. 15,000/- each to be deposited by the petitioners as a consolidated amount of Rs. 30,000/- with Delhi High Court Bar Association Employees Welfare Fund, within 07 working days from today. 11.
Petition is allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JANUARY 10, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.