Devender Singh Kaliravna v. State Of NCT Of Delhi & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8878/2024 DEVENDER SINGH KALIRAVNA .....Petitioner Through:

Mr. Aamir Chaudhary, Mr. Rahul Sahani and Ms. Sakshi Yadav, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Aman Usman, APP for State with SI Sombir, PS. Safdarjung Enclave.

Mr. Ankur Saini, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 28.01.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.271/2023 under Section 174A IPC registered at Police Station Safdarjung Enclave and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice was issued in the present petition on 13.11.2024. 3.

The learned APP submits that since the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 4.

The petitioner is present in Court whereas the respondent no.2 has joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Sombir, PS. Safdarjung Enclave. 5.

The learned counsel for the petitioner submits that the present FIR came to be registered during the pendency of the proceedings of the complaint The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Section 138 of NI Act filed by the respondent no.2. He submits that it is on account of non-appearance of the present petitioner/accused that the proceedings were initiated under Section 82 CrPC and thereafter, on account of non-appearance of the petitioner, declaring the petitioner as a proclaimed offender, direction was given by the learned Metropolitan Magistrate vide order dated 18.03.2023 to the SHO concerned to take necessary steps which led to the registration of the present FIR.

6.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Settlement dated 08.01.2024, which is annexed as Annexure A-3 to the present petition.

7.

It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.12 lacs to the respondent no.2 towards full and final settlement of all his claims in the manner as mentioned in the settlement. The entire amount of Rs. 12 lacs has already been paid to the respondent no.2 by the petitioner vide DD 540046 dated 08.12.2024 issued by the ICICI Bank, Bhikaji Branch, Delhi.

8.

The receipt of entire amount of Rs.12 lacs is acknowledged by the respondent no.2, who has joined through VC. The respondent no.2 further states that the offence under Section 138 of NI Act was compounded vide order dated 15.01.2024.

9.

Having regard to the fact that the offence in the complaint case itself got compounded, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. This Court is thus, of the view that it is a fit case for exercise of powers under Section 528 BNSS and to quash the FIR.

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

10.

The respondent no.2, on a query posed by the Court, states that he has no objection in case the FIR is quashed.

11.

Consequently, the petition is allowed and the FIR No.271/2023 under Section 174A IPC registered at Police Station Safdarjung Enclave alongwith all other proceedings emanating therefrom, is quashed. 12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J JANUARY 28, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.