Yashwant Singh v. State & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1287/2018 YASHWANT SINGH ..... Petitioner Through Mr.Vijay Shankar Tiwari, Adv. with Mr.Lokesh, Adv. and petitioner in person.

versus STATE & ANR ..... Respondents Through Mr.Amit Chadha, APP for the State.

ASI Surender Dutt, PS Hari Nagar.

Ms.Shikha Soni Nagpal, Adv. with respondent no.2 in person.

Respondent no.3 in person.

.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 28.11.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioner seeks quashing of FIR No.690/2016 registered u/s 420/468/471/34 IPC at Police Station Hari Nagar, Delhi on the basis of a Compromise Deed dated 10th March, 2018.

2.

Learned counsel for the petitioner submits that the petitioner is a respectable member of the society and had been erroneously implicated in the above case only on the basis of an apprehension in the mind of respondent no.2 that the petitioner along with respondent no.3 had re-written the figures in the cheque already signed by the respondent no.2. He, however, submits that neither the petitioner nor

the respondent no.3 were in any manner responsible for filling the cheque in question. He submits that based on the complaint by respondent no.2, the aforesaid FIR was registered. 3.

Learned counsel for the petitioner further submits that after the registration of the FIR, the parties have with the intervention of common friends, amicably resolved their disputes and have voluntarily executed the Compromise Deed dated 10th March, 2018. He further submits that in terms of the settlement, the respondent no.2 has already been paid a sum of Rs.30,000/- and, therefore, prays that the captioned FIR and all proceedings emanating therefrom may be quashed.

4.

The petitioner as also the respondent no.2/complainant and respondent no.3, who is the co-accused in the captioned FIR, are present in Court and have been duly identified by the Investigating Officer. The respondent no.2 is also represented by his counsel. I have interacted with the respondent no.2 who states that he has decided to resolve all his differences with the petitioner and respondent no.3 of his own free will and has entered into the settlement without any coercion. He further submits that he does not want the criminal proceedings to continue as he does not want any further acrimony amongst the parties and, therefore, prays that the FIR and all consequential proceedings be quashed. 5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the FIR emanates out of a transaction between private parties who have already resolved their disputes amicably and in fact the complainant

herself does not want the proceedings to continue, no useful purpose will be served in continuing with the criminal proceedings as the same will not only cause hardship to the parties but also lead to further acrimony between them. Ends of justice demand that the FIR and all consequential proceedings be quashed. 6.

Accordingly, the petition is allowed and the captioned FIR along with all consequential proceedings are quashed, subject to the petitioner as also the respondent no.3 paying a sum of Rs.20,000/- each as costs to the Delhi High Court Staff Welfare Fund within four weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer.

7.

The petition is disposed of in the above terms. REKHA PALLI, J NOVEMBER 28, 2018/aa