Delhi High Court - Orders
Pankaj Kumar Keshav Lal Darji & Anr vs State Nct Of Delhi & Anr on 7 February, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2489/2021
PANKAJ KUMAR KESHAV LAL DARJI & ANR...... Petitioner
Through: Mr. Nipun Katyal, Advocate (Enrl
No.D/1717/2016) with Mr. Archit
Jain, Advocate along with petitioners
- in person (through VC).
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Shivani Sharma and Ms. Surabhi
Katyal, Advocates for Ms. Richa
Kapoor, ASC for the State with SI
Bharat Singh, PS Pandav Nagar
Mr. Nipun Katyal, Advocate (Enrl
No.D/1717/2016) with Mr. Archit
Jain, Advocate for the complainant
along with complainant - in person
(through VC).
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 07.02.2022 HEARD THROUGH VIDEO CONFERENCING
1. The instant petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed for quashing FIR No.560/2021 dated 29.09.2021, registered at Police Station Pandav Nagar for the offences under Sections 420/406/120B/34 IPC.
2. The respondent No.2 is the complainant. The allegation against the petitioners is that they have committed fraud with the respondent Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(CRL) 2489/2021 Page 1 of 3 Signing Date:08.02.2022 17:27 No.2/complainant by luring and making him believe that he would earn a good profit by investing his money. On the said complaint of respondent No.2, the instant FIR has been registered.
3. The principal ground on which the petition is filed is that the parties have amicably settled their disputes and a Settlement Affidavit dated 09.10.2021 has been placed on record along with the petition as Annexure P-2. It is stated in the settlement affidavit that the respondent No.2/complainant has received a sum of Rs.10,00,000/- as full and final settlement. The complainant/respondent No.2 has also filed an affidavit (page No.16 of the paper book) affirming the fact that the dispute and the grievances of the complainant against the petitioners in the abovementioned FIR stands settled.
4. Today, the parties have joined the proceedings through Video Conferencing. The petitioners have been identified by their counsel Mr. Nipun Katyal, Advocate (Enrl No.D/1717/2016) and the Investigating Officer - SI Bharat Singh, PS Pandav Nagar. The complainant/respondent No.2 has been identified by his counsel Mr. Nipun Katyal, Advocate (Enrl No.D/1717/2016) and the Investigating Officer - SI Bharat Singh, PS Pandav Nagar. The complainant/respondent No.2 states that he has received the entire amount as per the settlement and has settled all his disputes with the petitioners out of his own free will, without pressure, coercion or undue influence, and states that he does not want to pursue the present case any further. He requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.
Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(CRL) 2489/2021 Page 2 of 3 Signing Date:08.02.2022 17:275. The parties, who have joined the proceedings through Video Conferencing, understand the implication of the present proceedings. In view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and in view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, the FIR No.560/2021 dated 29.09.2021, registered at Police Station Pandav Nagar for the offences under Sections 420/406/120B/34 IPC, and the proceedings emanating therefrom, are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
6. The petition stands disposed of in above terms along with all the pending application(s), if any.
SUBRAMONIUM PRASAD, J FEBRUARY 7, 2022 S. Zakir Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA W.P.(CRL) 2489/2021 Page 3 of 3 Signing Date:08.02.2022 17:27