Delhi High Court - Orders
Sameena & Anr vs State Gnct Of Delhi And Anr on 17 May, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1470/2021
SAMEENA & ANR. ..... Petitioners
Through: Mr.Mohd Zuhele Qureshi, and
Mr.Nasir, Advocates with both
petitioners.
versus
STATE GNCT OF DELHI AND ANR ..... Respondents
Through: Mr.Mukesh Kr, APP for the State
with SI Jeetender Kr Singh, PS
Keshav Puram.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 17.05.2022
1. Petitioners file this petition for quashing of the FIR No.575/2017 under Section 420/174A/34 Indian Penal Code registered at police station Keshav Puram against them and the proceedings emanating therefrom.
2. The dispute is qua the purchase of the second and third floor with roof rights of property bearing No.1965, Gali No.152, Ganesh Pura, Tri Nagar, Delhi for total consideration of Rs.46.00 Lacs. It is the case of the prosecution that after receiving an amount of Rs.18.51 Lacs, the petitioners started avoiding the complainant/respondent No.2, hence he lodged the complaint before the police, which culminated into this FIR. The petitioner No.1 did not join the proceedings and she was declared a proclaimed offender by the learned Trial Court, hence Section 174A IPC was added.
3. During the proceedings, on 03.02.2022, the matter was settled between the parties and petitioners made a payment of Rs.18.00 lacs as per the settlement agreement arrived at before the Mediation Centre, Rohini Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:18.05.2022 16:22 Courts, Delhi. The acknowledgment/receipt of payment is placed on record as Annexure P4. The affidavits of parties are on record.
4. The complainant / respondent No.2 is not present today, however, vide order dated 05.08.2021 he has given no objection qua quashing of the FIR and his presence was dispensed with as his statement was taken on record. The learned APP for the State submits since Section 174A IPC is added, hence FIR be not quashed, however, he has also no objection, if this petition is allowed for the offence under Section 420/34 IPC. Reliance is placed on Mukesh Bhatia & another vs The State of NCT of Delhi & Another W.P.(Crl) No.1852/2021 decided on 12.04.2022 wherein it was noted:-
10. Considering the nature of allegations in FIR for offences punishable under Sections 420/468/471/120B/34 IPC being personal in nature, I deem it fit to quash the FIR No. 566/2017 qua Sections 420/468/471/120B/34 IPC, however since Section 174A IPC is a standalone provision which has no bearing to the other alleged offences and is not an offence of personal nature inter-se the parties i.e. the petitioners and respondent no.2 and respondent no.3, thus, this Court refrains from quashing the proceedings pursuant to the above-noted FIR qua Section 174A IPC.
5. Considering the above settlement between the parties, there is no impediment in quashing of the FIR under Section 420/34 IPC as complainant has settled all the disputes and has received the settled amount from the petitioners. Even otherwise, offence under Section 420 IPC is compoundable in nature.
6. Accordingly, the petition is allowed to the above extent. Consequently, FIR No.575/2017 qua Section 420/34 Indian Penal Code registered at police station Keshavpuram and the proceeding emanating therefrom is only quashed.
Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:18.05.2022 16:227. Consequently the proceedings before the learned Trial Court would now go on for offence punishable under Section 174A IPC against petitioner No.1 only and not qua offences punishable under Sections 420/34 IPC to which extent the proceedings pursuant to the FIR are hereby quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
MAY 17, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:18.05.2022 16:22