Back
2023 Supreme(Del) 4981
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
D. S. Sodhi – Appellant
Versus
State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 4468 of 2023
Decided On : 18-07-2023
Mr. Dhruv Kapur, Mr. Vijayender Kumar, Mr. Maharshi Kaler and Mr. Chahat Arya, Advocates, for the Petitioner.
Mr. Amit Sahni, APP for the State with Inspector Dharmendra Pratap Singh, PS EOW, New Delhi.
Mr. Mohit Nandwani, Advocate, for the Respondent-2 along with R-2 in person.
Respondent No.3 in person.
The court can exercise its powers under Section 482 Cr.P.C. to accept an amicable settlement and quash proceedings, especially in civil disputes.
Headnote:
FIR Quashing - Settlement Agreement - Section 463/464/468/470/474/477A IPC - The court accepted the settlement agreement between the parties and quashed the FIR and all criminal proceedings emanating from it under Section 463/464/468/470/474/477A IPC. The court also directed the parties to render service in Gurudwara, Raqab Ganj for three months.
Fact of the Case:
The petitioner sought quashing of FIR No.233/2008 registered under Section 463/464/468/470/474/477A IPC, citing an amicable settlement reached with the respondent. The respondent was to pay Rs.6 crores to the petitioner and hand over possession of the property by a specified date.
Finding of the Court:
The court found that the parties had reached an amicable settlement and accepted the same, quashing the FIR and all criminal proceedings. The court also directed the parties to render service in Gurudwara, Raqab Ganj for three months.
Issues: The main issue was whether the court should accept the settlement agreement and quash the FIR and criminal proceedings.
Ratio Decidendi: The court exercised its powers under Section 482 Cr.P.C. to accept the settlement and quash the proceedings, citing the guidelines engrafted in such power and the civil nature of the dispute.
Final Decision: The court accepted the settlement agreement, quashed the FIR and all criminal proceedings, and directed the parties to render service in Gurudwara, Raqab Ganj for three months.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR No.233/2008 dated 23.12.2008 registered under Section 463/464/468/470/474/477A IPC at PS Economic Offences Wing.
2. Facts, in brief, are that the present FIR was lodged by respondent No.2 Asha Arora alleging therein that the petitioner, D.S Sodhi, grabbed Property No. B-4/6, Vasant Vihar, New Delhi, and has also committed forgery and cheating by forging the signature of the previous owner, Vathsala Mariam @ Vathsala Chandroo.
3. On this FIR, the investigation was conducted and the charge sheet was also filed.
4. It is submitted that now the parties have entered into an amicable settlement at Delhi High Court Mediation and Conciliation Centre vide MoU dated 23.05.2023 with the following terms and conditions:
1. That the First Party shall pay a total sum of Rupees 6,00,00,000/- (Rupees Six Crores only) to the Second Party, and the Second Party shall handover vacant, complete & peaceful physical possession of the said property without any encumbrance, to the First Party by 31.07.2023, subject to payment of entire amount of Rs.6,00,00,000/- (Rupees Six Crores only) and quashing of FIR No. 233/2008 under Section 463/464/468/470/474/477-A IPC registered with PS EOW, Mandir Marg, New Delhi.
2. That the total sum of Rs.6,00,00,000/- (Rupees Six Crores only), will be received by the Second Party from the First Party in the following manner:
(a) Rs.1,00,00,000/- (Rupees One Crore only) at the time of execution of this Settlement Agreement, vide DD No. 805050 and 805051 (each for an amount of Rs.50,00,000/- (Rupees Fifty Lakhs Only) dated 08.05.2023, both drawn on Canara Bank, New Delhi.
The remaining amount of Rs.5,00,00,000/- (Rupees Five Crore only) will be paid by the First Party to the Second Party in the following manner:
(b) Rs.5,00,00,000/- (Rupees Five Crore only),vide Demand Draft at the time of handing over of complete, vacant and peaceful physical possession of the said property by the Second Party to the First Party, which shall not be later than 31.07.2023.
3. That the Second Party undertakes to vacate and handover the complete, peaceful & amp; vacant physical possession of the said property bearing no. B-4/6, Vasant Vihar, New Delhi to the First Party on or before 31.07.2023, subject to payment of entire amount of Rs.6,00,00,000/- (Rupees Six Crore only) by the First Party to the Second Party.
4. The Parties agree, that within 14 days from date of execution of this Settlement Agreement, the Parties shall file joint application(s) before the Hon'ble High Court of Delhi to bring on record the terms of settlement between the parties and seek disposal/withdrawal of the aforementioned Appeals as per law, as detailed in the recital in accordance with the terms of this Settlement Agreement. The present compromise shall be recorded before the Hon'ble High Court of Delhi and the said Appeals will get disposed in terms hereof.
5. That the Second Party owns a property bearing no. E-2/10, Ground Floor, Vasant Vihar, New Delhi, which he had undertaken not to sell till the disposal of the appeal bearing RFA No. 575/2013, before the Hon'ble High Court of Delhi. The said undertaking shall stand withdrawn with the disposal/withdrawal of the aforesaid Appeal and the Second Party shall be free to deal with the said property, in any manner, he deems fit.
6. That simultaneously with the filing of the joint applications seeking disposal of the aforementioned Appeals, as provided in clause 4,the First Party and Second Party shall also approach the Hon'ble Delhi High Court, by way of a joint petition/application, thereby placing on record present settlement agreement, and seek permission of the Hon'ble Delhi High Court, to allow quashing of all the proceedings emanating from FIR No. 233/2008, to give full effect to the present settlement Agreement entered into between the First Party and Second Party. To achieve the said quashing, the First Party and Sec
