Delhi High Court - Orders
Shiv Kumar Sah And Another vs State Of N.C.T. Of Delhi And Another on 30 October, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6281/2023 & CRL.M.A. 23520/2023
SHIV KUMAR SAH AND ANOTHER ..... Petitioners
Through: Mr. Faiz Imam, Advocate.
Petitioners through VC.
versus
STATE OF N.C.T. OF DELHI AND ANOTHER ..... Respondents
Through: Mr. Yudhvir Singh Chauhan, APP for
State/R-1 with SI Jyoti, P.S. Dabri
and SI Rajesh Kumar, DIU, Dwarka.
Mr. Harsh Bahl, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 30.10.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 1238/2015 dated 25.09.2015 registered under sections 420/34 IPC at P.S. Dabri along with consequential proceedings.
2. The present FIR was got registered at the instance of the respondent no. 2 on the basis of allegations as detailed in FIR. After conclusion of investigation, the charge-sheet was filed under sections 420/34 IPC wherein the petitioners were implicated and the trial is stated to be pending before the court of Mr. Harshal Negi, MM, Dwarka Courts, Delhi/Successor Court. The petitioners who appeared through video-conferencing and the respondent no. 2 are identified by the Investigating Officer SI Jyoti, P.S. Dabri.
3. The respondent no. 2 filed a civil suit for recovery bearing CS no.
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 03/11/2023 at 21:35:38 123/2018 titled as Malti Devi V Shiv Kumar Shah, which was decreed vide judgment dated 08.03.2019 passed by the court of Mr. Niyay Bindu, SCJ-cum-RC, South-West District, Dwarka Courts, Delhi.
4. Thereafter, the respondent no. 2 filed an execution petition bearing no. 181/2019 titled as Malti Devi V Shiv Kumar, which was referred to Delhi Mediation Centre, Dwarka Courts whereby the petitioners and the respondent no. 2 have settled their pending disputes vide Settlement dated 13.12.2019 for a sum of Rs.2,75,000/-.
5. The counsel for the petitioners stated that the petitioners have already paid Rs.2,75,000/- to the respondent no. 2, which is acknowledged by the respondent no. 2. The counsel for the petitioners further stated that the offence punishable under section 420 IPC, which is the subject matter of the present FIR is a compoundable offence and the petitioners and the respondent no. 2 have settled their disputes amicably vide Settlement dated 13.12.2019 as such, the present petition be allowed and FIR bearing no. 1238/2015 be quashed along with consequential judicial proceedings.
6. The respondent no. 2 stated that she has settled the disputes with the petitioners out of her own free will and without any fear, force or coercion. The respondent no. 2 further stated that she has received the entire settled amount as such, she does not have any objection if the present petition is allowed and FIR bearing no. 1238/2015 is quashed along with consequential judicial proceedings.
7. The Additional Public Prosecutor stated that under the given facts and circumstances of the case, he does not have any objection if the present petition is allowed and FIR bearing no. 1238/2015 is quashed along with consequential judicial proceedings.
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 03/11/2023 at 21:35:38
8. The offence punishable under section 420 IPC, which is the subject matter of the present FIR is a compoundable offence and the petitioners and the respondent no. 2 have settled their disputes amicably vide Settlement dated 13.12.2019, the terms and conditions of which have already been executed and the respondent no. 2 has already received the entire settled amount. No useful purpose shall be served if the proceedings arising out of FIR bearing no. 1238/2015 are allowed to be continued. After considering all facts, the present petition is allowed and FIR bearing no. 1238/2015 dated 25.09.2015 registered under sections 420/34 IPC at P.S. Dabri is quashed along with consequential proceedings including judicial proceedings under sections 420/34 IPC stated to be pending before the court of Mr. Harshal Negi, MM, Dwarka Courts, Delhi/Successor Court.
9. The present petition along with pending application, stands disposed of.
DR. SUDHIR KUMAR JAIN, J OCTOBER 30, 2023 N 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 03/11/2023 at 21:35:39