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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Samdev Dass Gupta - Appellant
Versus
State (NCT of Delhi) New Delhi - Respondent
Crl.M.C. 724 of 2021 and Crl.M.C. 725 of 2021
Decided On : 03-05-2021




The court emphasized the importance of amicable resolution of disputes among neighbours, stating that legal proceedings should not continue when settled mutually.

Headnote:(A) Indian Penal Code, 1860 - Sections 420, 323, 506, 509, 354, 34 - Quashing of FIRs - The petitioners, being neighbours, faced FIRs for monetary disputes but reached an amicable settlement as per MOU dated 16.05.2017, superseding earlier amounts and confirming received payments. (Paras 3, 7, 8, 10)

(B) Legal proceedings - The court resolved that continuance of proceedings would serve no purpose as the matter is settled amicably, emphasizing peace among neighbours. (Paras 10, 11)

Facts of the case:
The petitioners are accused in FIRs regarding monetary disputes, which have been resolved, requiring quashing of FIRs per mutual consent.

Findings of Court:
The FIRs involving common disputes are quashed as the parties reached a settlement confirmed by affirmations during the hearing.

Issues: The primary issue is whether the FIRs should be quashed following the amicable settlement between the parties.

Ratio Decidendi: The court noted that amicable resolution of disputes among neighbours enhances domestic harmony, rendering the FIRs unnecessary.

Result: FIR No. 193/2016 and FIR No. 290/2016 are hereby quashed.

Table of Content
1. dispute arising from monetary transactions. (Para 1 , 2)
2. petitioners seek to quash firs. (Para 3)
3. notices accepted; parties present. (Para 4 , 5 , 6)
4. dispute resolved via memorandum of understanding. (Para 7 , 8)
5. complainants affirm settlement received. (Para 9)
6. court finds no purpose in continuing proceedings. (Para 10)
7. firs quashed; petitions disposed. (Para 11 , 12)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. The parties to the above captioned petitions are said to be neighbours and residing in the same building. A dispute amongst the parties arose with regard to certain monetary transactions, which culminated into registration of FIRs against the petitioners.

2. The above captioned first petition [Crl.M.C. 724/2021] pertains to FIR No. 193/2016, under Section 420 IPC, which was registered against the petitioners at the instance of respondent No.4-Rushabh Aggarwal. The above captioned second petition [Crl.M.C. 725/2021] pertains to FIR No. 290/2016, under Sections 323/506/509/354/34 IPC, which was registered against the petitioners at the instance of respondent No.2-Ritu Aggarwal. Both the FIRs have been registered at police station C.R.Park, New Delhi.

3. By these petitions, petitioners are seeking quashing of these FIRs on the ground that subject matter of dispute has been amicably resolved with complainants of these FIRs and respondents.

4. Notice issued.

5. Mr. Ashok Garg, learned Additional Public Prosecutor for State, accepts notice and submits that complainants of these two FIRs are present through video conferencing and they have been duly identified by respective Investigating Officers, who are also present through video conferencing.

6. Since the FIRs in question pertain to common dispute between the parties and also the parties to these petitions are similar, therefore, with the consent of both the sides these petitions have been heard together and are being disposed of by this common order.

7. Learned senior counsel for petitioners submits that the dispute inter se parties is essentially civil in nature however, has led to initiation of multiple legal proceedings. He further states that parties have amicably resolved their dispute in terms of Memorandum of Understanding (MOU) dated 16.05.2017 and have agreed to withdraw all the cases pending against each other, details of which have been enumerated in Para-3(h) of these petitions.

8. Learned senior counsel for petitioners next submits that in terms of aforesaid MOU, the petitioners agree to pay a sum of Rs.19 Lacs to respondents No.2 to 5 in these petitions and out of it, a sum of Rs.9.50 Lacs has already been paid. However, in view of Covid pandemic, parties have decided to put at rest the settlement at Rs.14.50 Lacs instead of Rs.19 Lacs. He further submits that the balance settled amount of Rs.5 Lacs by way of demand draft bearing No.336631, dated 17.02.2021, drawn on Bank of Baroda, has been handed over by petitioners to respondent No.2-Ritu Aggarwal toward final payment and she has accepted the same.

9. Complainants of these FIRs i.e. Rushabh Aggarwal and Ritu Aggarwal, present through video conferencing, affirm the factum of settlement reached with petitioners in terms of afore-noted MOU and they also affirm having received the entire settled amount. They have affirmed the contents of their affidavits dated 02.03.2021 filed in support of these petitions.

10. Keeping in view that the subject matter of these FIRs stand amicably resolved amongst the parties, this Court finds that no useful purpose would be served in continuing with the proceedings arising out of FIRs in question.

11. Hence, to enable the parties to restore peace and harmony, who are neighbours and living in the same building, FIR No.193/2016 and FIR No. 290/2016, both registered at police station C.R.Park, New Delhi and proceedings emanating therefrom are hereby quashed.

12. The above captioned two petitio

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