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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Karan Sharma – Appellant
Versus
The State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 2987 of 2022 & Cr.M.A. 12562 of 2022
Decided On : 09-02-2023
FIR Quashing - Property Dispute - IPC 420/467/468/448/120B/34 - The court discussed the settlement between the parties, the cancellation of registered documents, and the amicable resolution of the property dispute. Key legal provisions such as the power of the court to quash FIRs based on settlements and the importance of preventing the abuse of the court process were highlighted in reaching the decision.
Fact of the Case:
The petitioner sought to quash FIR No.1191/2015 under Sections 420/467/468/448/120B IPC related to a property dispute. The petitioner had entered into a settlement with the complainant, leading to the return of property possession and mutation in the complainant's favor.
Finding of the Court:
The court found that the parties had amicably settled the dispute, leading to the return of property possession to the complainant. It also noted the cancellation of registered documents in favor of the petitioner.
Issues: The main issue was the quashing of the FIR and criminal proceedings arising from it, based on the settlement between the parties.
Ratio Decidendi: The court emphasized the importance of preventing the abuse of the court process and the power to quash FIRs based on settlements. It also considered the voluntary nature of the settlement and the return of property possession to the complainant.
Final Decision: The court quashed the FIR and all criminal proceedings emanating from it, imposing a cost of Rs.50,000/- on the petitioner to be deposited with the Delhi Advocate Welfare Fund.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed under Section 482 Cr.P.C.for quashing of FIR No.1191/2015 under Sections 420/467/468/448/120B IPC registered at PS Vikas Puri. Quashing has been sought only qua the present petitioner in FIR No.1191/2015, whereas the charge sheet has been filed under Sections 420/467/448/468/471/120B/34 IPC against several persons namely Ram Asrey, Kalash Chand S/o Ram Asrey, Bhupinder Singh, Jitender Singh and also against the present petitioner namely Karan Sharama @Karanveer.
2. Learned senior counsel for the petitioner submits that allegedly one Sh. Ram Asrey fabricated certain documents in respect of the property bearing No.D-111, Vikas Puri, New Delhi on 20.02.1990 and sold the same to the petitioner on 10.02.2015. The transfer of the property to the petitioner was through the registered documents. Learned senior counsel for the petitioner submits that the respondent No.2/complainant filed FIR No.1191/2015 under Sections 420, 467, 468, 448 and 120B of IPC against Ram Asrey, Bhupinder Singh, Karan Singh and other unknown persons and other unknown officials of Delhi Development Authority, Vikas Sadan, New Delhi. Pursuant to this, the charge sheet was filed on 04.06.2021 under Sections 420/467/448/468/471/120B/34 IPC against Ram Asrey, Kalash Chand S/o Ram Asray, Bhupinder Singh, Jitender Singh and Karan Sharma @ Karanveer.
3. While the matter rested thus, the petitioner herein also filed a civil suit bearing CS No.11478/2016 titled as Karan Sharma vs. Sudha Marwah & Ors. Pursuant to this, the parties entered into a settlement dated 21.10.2016 before the Delhi Mediation Centre, Tis Hazari Court, Delhi and consequently CS No. 11478/2016 was disposed of in terms of the mediation settlement vide order dated 30.11.2016. The Mediation Report dated 21.10.2016 is annexed as Annexure P2 to the present petition.
4. Learned senior counsel for the petitioner submits that in response to the query put forth by this Court, vide order dated 15.12.2022, it has been submitted that the FIR can be quashed in-part and also after filing of the charge sheet.
5. Learned senior counsel for the petitioner has relied upon Lovely Salhotra & Anr. vs. State (NCT of Delhi) and Another, (2018) 12 SCC 391; Sunil Tomar vs. The State of NCT of Delhi & Anr, (2022) SCC OnLine Del 1027; Kapil Gupta vs. State of NCT of Delhi, (2022) SCC Online SC 1030, Ramawatar Vs. State of Madhya Pradesh, (2021) SCC Online 966.
6. The complainant/Sudha Marwah, being an aged person, is appearing through video recording. She states that at the advice of her well-wishers and common friends, she has entered into the settlement with the petitioner. She states that she has got back the possession of the property and the Mutation has been done in her favour.
7. I have considered the submissions. As per the Settlement Deed dated 21.10.2016, the parties have amicably settled their dispute on the following terms and conditions:
"1. It is agreed between the parties that the Plaintiffs shall hand over the peaceful, vacant and physical possession of the suit property to the defendant no.1 on 16.11.2016 and shall hand over the key of the suit property to the defendant no.1 against proper receipt on said date before the concerned Court or any other further date, if the matter is not heard by concerned Court on 16.11.2016, for any reason.
2. That the Plaintiffs have Registered Agreement to Sell dated 02.02.2015 registered on10.02.2015 before the Sub- Registrar-II-B, Janakpuri, New Delhi bearing no. 1735 in Book No.1, Volume No. 402 on pages 82 to 91 in respect to the suit property in their favour. The plaintiffs also have General Power of Attorney dated 02.02.2015 registered on 10.02.2015 before the Sub-Registrar-IIB, Janakpuri, New Delhi bearing no. 184, in Book No.4, Volume No. 24 on pages 78 to 82 in respect to the suit property in their favour. The Plaintiffs shall ensure the cancellation of the said Registered Agreement to Se
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 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 main legal point established in the judgment is that the High Court has the inherent power under Section 482 of the Code to quash criminal proceedings if the parties have amicably settled the dis....
Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.
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 court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
The court can quash FIR and proceedings under Section 482 Cr.P.C. when disputes have been amicably settled between the parties and no useful purpose would be served by continuing the prosecution.
The main legal point established in the judgment is that once the terms of a settlement have been complied with, the parties are estopped from resiling from the settlement, and court proceedings shou....
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