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2024 Supreme(Online)(DEL) 14442
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2273/2024 PAWAN KUNDRA & ORS.
..... Petitioners Through:
Mr. Sandeep Mishra, Advocate with petitioner in-person.
versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr. Manoj Pant, APP for the State. SI Shajid Hussain, P.S: Malviya Nagar.
Mr. Pradeep Lal Chadha & Ms. Aastha Chadha, Advocates for R-2 with R-2 in-person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
SANDEEP MISHRA
An FIR can be quashed when the parties have amicably resolved their differences and there is no legal impediment to doing so.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF FIR - COMPROMISE BETWEEN PARTIES - INTEREST OF JUSTICE
Fact of the Case:
The petitioners, property dealers, were accused of cheating and forgery by the respondent. The parties later entered into a settlement agreement and the petitioners paid the respondent the agreed-upon amount.
Finding of the Court:
The court found that the parties had amicably resolved their differences and that continuing the proceedings would only create further acrimony between them. It also found that there was no legal impediment to quashing the FIR.
Issues: Whether the FIR should be quashed in light of the compromise between the parties.
Ratio Decidendi: The court held that it is in the interest of justice to quash an FIR when the parties have amicably resolved their differences and there is no legal impediment to doing so.
Final Decision: The court quashed the FIR and all consequential proceedings.
ORDER
% 20.03.2024 CRL.M.A. 8808/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 2273/2024
3. The present petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) has been filed by the petitioners seeking quashing of FIR bearing no. 465/2022, registered at Police Station Malviya Nagar, Delhi, for offences punishable under Sections 420/468/471/34 of the Indian Penal Code, 1860 („IPC‟).
4. Issue notice. Mr. Manoj Pant, learned APP appearing on behalf of the State accepts notice.
5. Petitioners are present before this Court and have been identified by their counsel Mr. Sandeep Mishra and Investigating Officer (IO) SI Shajid Hussain, P.S: Malviya Nagar.
6. Brief facts of the case are that petitioner nos. 1 to 3 are property dealers and are engaged in facilitating sale and purchase of properties. It is stated that petitioner no. 3 had introduced respondent no. 2 to petitioner no. 1 and 2 as they were looking for a co-investor in a property. It is alleged that respondent no. 2 made a complaint against the petitioners and consequently the present FIR got registered at Police Station Malviya Nagar, Delhi. It is stated that on mutual understanding, a Memorandum of Settlement dated 04.03.2024 was signed between respondent no. 2 and the petitioners, and in view of the same, the petitioners had agreed to pay Rs. 65,00,00 to respondent no. 2. It is stated that the parties have decided to put an end to the dispute and have amicable settled the same, hence the present petition.
7. On a query made by this Court, respondent no.2, who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Settlement Agreement dated 14.06.2022 entered into between them.
8. It is stated that the petitioners have already paid Rs. 55,00,000 to respondent no. 2 through RTGS/NEFT. Respondent no. 2 who is present before this Court in-person states that he has received the remaining amount of Rs. 10,00,000, and has no objection if the FIR is quashed.
9. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
There is no legal impediment in quashing the FIR in question.
10. Accordingly, FIR bearing No. 465/2022, registered at Police Station Malviya Nagar, Delhi, for offences punishable under Sections 420/468/471/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
11. The petition stands disposed of.
12. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MARCH 20, 2024/at Click here to check corrigendum, if any
