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
| 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) |
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
The court emphasized the importance of amicable resolution of disputes among neighbours, stating that legal proceedings should not continue when settled mutually.
The court held that amicable resolution of civil disputes justifies quashing of related criminal proceedings.
The court may quash an FIR when the parties have resolved their disputes amicably, negating any purpose for prosecution.
A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.
FIR quashed - Amicable settlement between parties - Petition has been filed on ground that matter has been amicably resolved between parties and complainant does not wish to pursue case against petit....
Resolution of disputes outside court can justify quashing FIRs when complainants express no intention to prosecute further.
The central legal point established in the judgment is the court's discretion to quash an FIR based on an amicable settlement between the parties and the promotion of cordiality and harmony in the sa....
The amicable resolution between the parties through a Compromise Deed can be a valid ground for quashing FIR and consequent proceedings.
An amicable settlement between parties is a valid ground to quash an FIR when no useful purpose would be served in pursuing prosecution.
A court can quash an FIR when a matrimonial dispute is amicably settled, demonstrating that continued proceedings are unnecessary.
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