Delhi High Court - Orders
Vijay Bhatia & Anr vs State & Anr on 15 February, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6491/2019
VIJAY BHATIA & ANR ..... Petitioners
Through: Mr. Puneet Khurana, Advocate.
versus
STATE & ANR. ..... Respondents
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Mahendra Kumar, P.S. Moti
Nagar.
Mr. Chandan Rai Chawla, Advocate
for respondent No. 2 with Mr. Sachin
Atree, son of respondent No. 2 in
person through V.C.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 15.02.2022
1. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 475/2019 registered under Sections 420/34 IPC at P.S. Moti Nagar, Delhi on the ground that the parties have amicably settled their disputes.
2. Learned counsel for respondent No. 2 submits that respondent No. 2/complainant (Mr. R.D. Sharma) has since expired and his death certificate is placed on record.
3. The present FIR has been lodged at the instance of the complainant/respondent No. 2 against the present petitioners alleging that Signature NotVerified Digitally Signed By:SANGEETAANAND the petitioners cheated the complainant/respondent No. 2 of an amount of Rs.40,51,000/- on the premise of sale of three plots of land in the Divine City Project, Sonepat.
4. Learned APP for the State submits that the present petitioners are the only accused persons and respondent No. 2 (since deceased) is the only complainant/victim. It is further submitted that respondent No. 2 has since expired and the factum of his death stands verified and the Verification Report has also been placed on record in this regard. He further submits that respondent No. 2 is survived by his two sons, namely, Mr. Sachin Atree and Mr. Sunil Atree.
5. Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 05.12.2019 (Annexure P-3) for a total sum of Rs.40,51,000/-, which has already paid to the aforesaid legal heirs of respondent No. 2.
6. Mr. Sachin Atree, son of respondent No. 2, who has joined the V.C. proceedings, is identified by his counsel as well as by the Investigating Officer/SI Mahendra Kumar, P.S. Moti Nagar, who has also joined the V.C. proceedings.
7. Mr. Sachin Atree submits that he alongwith his brother Mr. Sunil Atree have received the entire settled amount of Rs.40,51,000/-. He further states that they have no objection if the present FIR and the consequent proceedings are quashed. Lastly, he submits, that in terms of the settlement, they are now left with no claim or grievance whatsoever against the petitioners.
8. Learned counsels for the parties submit that no other proceedings are pending between the parties.
Signature NotVerified Digitally Signed By:SANGEETAANAND
9. The parties shall remain bound by the statements made in Court today.
10. In Parbatbhai Aahir 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 688, it has been held as under:-
"15. Considering the law on the point and the other Signature NotVerified Digitally Signed By:SANGEETAANAND 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 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.5,000/- by the petitioners with the Delhi State Legal Services Authority within a period of four weeks from today.
13. Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.
14. With the above directions, the petition is disposed of alongwith pending applications.
15. The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J FEBRUARY 15, 2022/ga Click here to check corrigendum, if any Signature NotVerified Digitally Signed By:SANGEETAANAND