Harjit Singh & ORS v. The State Of Delhi & ORS
$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 727/2016 HARJIT SINGH & ORS ..... Petitioners Through: Mr.Sanjay Mishra with Mr.Ankur Gupta, Advocates.
versus THE STATE OF DELHI & ORS ..... Respondents Through: Mr.R.S.Kundu, A.S.C. for the State with SI Kuldeep Singh PS Hari Nagar Mr.Vijay Kumar Sharma, Advocate for respondents 2 & 3
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 08.03.2016 CRL.M.A.4084/2016 Exemption allowed, subject to all just exceptions. Application stands disposed of.
WP(CRL.) 727/2016 1.
The present writ petition has been filed by the Petitioners under Articles 226 of the Constitution of India read with Section 482 of Cr.P.C. for quashing of FIR No. 942/2015, under Sections 420/406/34 IPC, registered at P.S.Hari Nagar, Delhi and consequential proceedings arising therefrom. 2.
Brief facts, as mentioned in the petition are that the above FIR was registered on the complaint of Respondent Nos. 2 & 3 as he booked built up properties and paid Rs.5 lacs (Rupees Five lacs only) as bayana
on 13.03.2012, Rs.25 lacs (Rupees Twenty Five lacs onlyl) including Rs.5 lacs (Rupees Five lacs only) bayana amount on 15.03.2012 and further Rs.25 lacs (Rupees Twenty Five lacs only) paid on 22.04.2012. In total Rs.50 lacs (Rupees Fifty lacs only) were paid by respondent Nos. 2 & 3 to petitioners.
3.
After registration of the FIR in question, the parties reached an amicable settlement and in terms of compromise petitioners agreed to pay Rs.50 lacs (Rupees Fifty lacs only) to respondents in terms of full and final settlement. The Deed of Compromise dated 15.02.2016 is filed along with this petition as Annexure-4.
4.
Respondent Nos.2 & 3/complainants are present in Court today. They submit that they have amicably settled the dispute with the Petitioners and are not interested in prosecuting the Petitioners and submit that the said FIR and all proceedings emanating therefrom may be quashed. 5.
In view of the aforesaid compromise arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the Petitioners, which will only be an exercise in futile and wastage of precious time of the Court. 6.
However, in the facts and circumstances of the case, it is desirable that the Petitioners and respondent Nos.2 & 3 must be burdened with cost. Accordingly, the Petitioners and respondent Nos. 2 & 3 are directed to deposit the cost of Rs 20,000/- each [Rs.1,20,000/- (Rupees One lac twenty thousand only) in total] with the "Army Central Welfare Fund" at Director, Accounts Section, Room No.281B, Ceremonial and Welfare Directorate, Adjutant General's Branch, South Block, Integrated HQ of MoD (Army),
New Delhi, within four weeks from today and proof thereof shall be placed on record.
7.
Accordingly, the petition is allowed and FIR No. 942/2015, under Sections 420//406/34 IPC, registered at P.S.Hari Nagar, Delhi and consequential proceedings arising therefrom are hereby quashed subject to deposit of cost by the Petitioners herein.
8.
A copy of this order be sent to the Director, Accounts Section, Room No.281B, Ceremonial and Welfare Directorate, Adjutant General's Branch, South Block, Integrated HQ of MoD (Army), New Delhi for information. Order dasti.
PRATIBHA RANI, J.
MARCH 08, 2016 'st/da'