Delhi High Court - Orders
Tdi Infrastructure Ltd & Ors vs Government Of Nct Of Delhi & Ors on 30 August, 2024
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9284/2023 and CRL.M.A. 34671/2023
TDI INFRASTRUCTURE LTD & ORS. .....Petitioners
Through: Ms.Roohe Hina Dua and Mr.Ankit
Khera, Advocates with petitioners in person
versus
GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Laksh Khanna, APP for State with
SI Karan
Ms.Monika Arora and Mr.Sabhrodeep Saha,
Advocates for respondent Nos.2 and 3 with
respondent Nos.2 and 3 through V.C.
Mr.Sthavi Asthana, Advocate for respondent
No.4/ADA
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 30.08.2024
1. The present petition has been filed seeking quashing of FIR No.193/2022 registered under Sections 420/468/471/120B IPC at P.S. Connaught Place, Delhi on the ground that the parties have amicably settled their disputes.
2. On the last date of hearing, respondent Nos.2 and 3 had joined the proceedings through V.C. and given their no objection to the quashing of the FIR, however, the matter was adjourned for the State to verify if there are other complaints. Today, respondent Nos.2 and 3 have joined the proceedings through V.C. and submit that they have received an amount of Rs.25,00,000/-, however, pray that the amount of Rs.30,00,000/- that is lying deposited with the Registrar General of this Court be released to them.
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3. As per the allegations levelled in the FIR, the petitioners forged documents and fraudulently sold the property to respondents for which they do not have any ownership.
4. Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent Nos.2 and 3 are the only complainants/victims. He further submits that though the parties have compromised, however, since the State machinery has been put in motion and looking into the allegations, substantial cost may be imposed upon the petitioners. At this stage, the petitioners volunteer to collectively pay cost of Rs.2,50,000/-.
5. Learned counsels for the parties submit that the parties have settled their disputes vide Settlement Agreement dated 24.05.2024 before Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Sher Shah Road, New Delhi. In terms of the settlement, respondent Nos.2 and 3 are now left with no claim or grievance whatsoever against the petitioners.
6. The petitioners and respondent Nos.2 and 3, who have joined the proceedings through V.C., have been identified by their respective counsels and the Investigating Officer. Learned counsel for the petitioners, on instructions, submits that he has no objection to the release of Rs.30,00,000/- lying deposited with the Registrar General of this Court to respondent Nos.2 and 3. The petitioners further undertake to take the requisite steps in terms of the settlement with respect to Plot No. B-19 admeasuring 400 square yards located at Khasra No. 99 Mauja Miyapur as well as to pay the remaining amount of Rs.40,00,000/- within 30 days from today. The undertaking is accepted, taken on record and they are made bound by the same.
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7. Respondent Nos.2 and 3 state that they have entered into the aforesaid mediation settlement out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed.
8. Learned counsels for the parties submit that no other proceedings are pending between the parties.
9. The parties shall remain bound by the statements made in Court today.
10. In ParbatbhaiAahir and Others v. State of Gujarat and Another reported as (2017) 9 SCC 641, it has been held as under:-
"16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:
xxx 16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; 16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;
and..."
11. Similarly, in State of Madhya Pradesh v. Laxmi Narayan and Others reported as (2019) 5 SCC 403, it has been held as under:-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 22:03:44 "15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:
15.1. That the power conferred Under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences Under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;"
12. In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of composite cost of Rs.2,50,000/- by the petitioners to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.
13. Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application.
14. The Registry is directed to release the amount of Rs.30,00,000/- lying deposited with the Registrar General of this Court within one week alongwith the interest accrued thereupon.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 22:03:44
15. In case, the petitioners fail to comply with the conditions of the settlement, respondent Nos.2 and 3 shall be at liberty to revive the present petition.
16. With the above directions, the petition is disposed of alongwith the pending application.
17. Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information.
MANOJ KUMAR OHRI, J AUGUST 30, 2024 na This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 22:03:44