Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mr. Puneet @ Deepak & Ors. – Appellants
Versus
State of NCT of Delhi Through Standing Counsel & Anr. – Respondents
Crl.M.C. 5863 of 2022 And Crl.M.C. 4758 of 2022
Decided On : 06-02-2023
quashing - cheating, fraud, and forgery - IPC 420/467/468/471 - [IPC 420, IPC 467, IPC 468, IPC 471] - The court quashed the F.I.R and summoning order based on an amicable settlement reached by the parties, exercising power under section 482 CrPC for quashing the proceedings.
Fact of the Case:
An FIR was lodged alleging cheating, fraud, and forgery in property documents. The parties reached an amicable settlement, and the petitioners sought quashing of the FIR and summoning order.
Finding of the Court:
The court considered the amicable settlement and exercised power under section 482 CrPC to quash the proceedings, as the dispute was predominantly private and the settlement would lead to better relations between the parties.
Issues: Allegations of cheating, fraud, and forgery in property documents, amicable settlement, exercise of power under section 482 CrPC for quashing the proceedings.
Ratio Decidendi: The court may exercise power under section 482 CrPC to quash proceedings if the dispute is predominantly private and a settlement between the parties would lead to better relations.
Final Decision: The court quashed the F.I.R and summoning order, disposing of the present petition.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.C. 5863/2022 & CRL.M.C. 4758/2022
1. The present petition has been filed seeking quashing of F.I.R No.1100/2014 under section 420/467/468/471 IPC registered at PS Pandav Nagar.
2. Briefly stated facts of the case are that an FIR was lodged on the basis of complaint of respondent no.2 wherein it is alleged that petitioners had committed the offence of cheating, fraud, and forgery by fabrication of documents of property No. F-46/1, Janta Garden, Pandav Nagar, Delhi. and thereafter transferring the said property by illegal means through the fabricated documents. All the parties to the present petition are related to each other and due to the disputes and discords, the parties had lodged complaints against each other.
3. In the connected petition, i.e., Crl.M.C. 4758/2022, the petitioners are seeking quashing of summoning order dated 27.01.2011 passed by Ld. MM, (East)-03/KKD, in Complaint Case No.2445A/2009 titled as "Puneet Kumar versus Ram Sharan & Ors.," on similar lines and in compliance with the same terms as contained in the settlement reached.
4. It is submitted that the parties have reached at an amicable settlement vide settlement deed dated 06.04.2022 at Delhi Mediation Centre, Karkardooma Courts, Delhi. It is further submitted that in view of the settlement deed and with a view to give quietus to their disputes the FIR along with the summoning order dated 27.01.2011 maybe quashed.
5. The terms and conditions of the settlement deed dated 06.04.2022 are as follows:
"1. It is agreed between the parties that Ms. Suoena is hereby relinquishing her share in the suit property.
2. It is agreed between the parties that out of the total share i.e. 75 sq. yards, 57 sq. yards of the suit property is in possession of the plaintiff and remaining 18 sq. yds is in joint possession of defendant no. 1 & 3. It is agreed between the parties that the plaintiff shall transfer his above stated 18 sq. yards portion of the suit property in favour of defendant no. 1 & defendant no. 3 in lieu of an amount of Rs.36,00,000/- (Rs. Thirty Six Lakhs only) which shall be paid by the defendant no.1 & defendant no. 3 jointly to the plaintiff in three equal installments of Rs.12,00,000/- (Rs. Twelve Lakhs only) each in the following manner:
a) First installment by way of DD/RTGS/NEFT within 10 days from today at the time withdrawal of above stated civil suit titled `Sunena Vs. Puneet Kumar' from the respective courts concerned.
b) Second installment by way of DD/RTGS/NEFT on or before30.04.2022 at the time withdrawal present suit from the court concerned.
c) Third installment by way of DD/RTGS/NEFT at the time of execution of sale deed qua 18 sq. yards portion of the suit property in favour of the defendant no.1 & defendant no. 3 as agreed herein above i.e. on or before 25.05.2022.
3. It is agreed between the parties that within one month of execution of sale deed, as agreed herein above, Sh.Ram Sharan shall cooperate with plaintiff Puneet Kumar in quashing of FIR No. 11 00/2014, PS Mayur Vihur, U/s. 420/467 /468/471 IPC. This settlement is however subject to ratio of the judgments in the cases `Vinod Kumar & Others V. Govt. of NCT of Delhi and Anr.' dated 27.1.2020 (in Crl. MC No. 4286/2009), "Birender Kr & Anr. V. State of Delhi & Anr.' dated 17.1.2020 (in Crl.MC 214/2020) as well as "Rakesh Jain & Ors. V State & Anr.' dated 06.09.2019 (in Crl. MC No. 2935/2019) and in that context the undersigned has also made preliminary scrutiny of the facts so as to satisfy the aspect of possibility for recording this statement that may be acceptable to the Hon'ble High Court of Delhi bearing in mind the law governing the compounding of the offences or exercise of power of Hon'ble High Court under section 482 Cr.PC Parties have been made clear that the outcome of the quashing petition shall be as per merits of the petition itself and this settlement does not confer a right thereto
4. It is stated by the parties that there
The court may exercise power under section 482 CrPC to quash proceedings if a private dispute can be resolved through an amicable settlement, leading to better relations between the parties.
The court emphasized the inherent power of the High Court under Section 482 of the Code to prevent abuse of the process of any court or to secure the ends of justice, particularly in cases involving ....
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
The central legal point established in the judgment is the exercise of inherent power under Section 482 Cr.P.C. to quash criminal proceedings based on an alleged settlement, with the aim of maintaini....
The court has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.
Court emphasizes the importance of settling private disputes voluntarily, allowing individuals to quash FIRs without coercion.
The court may exercise power under section 482 Cr.P.C to quash proceedings in a predominantly private dispute where a settlement between the parties would lead to better relations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
