Delhi High Court - Orders
Rajesh Sachdeva vs The State & Anr on 10 October, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2651/2023
RAJESH SACHDEVA ..... Petitioner
Through: Mr. Ankit Rana, Advocate.
Petitioners no. 1 and 2 through VC.
versus
THE STATE & ANR. ..... Respondents
Through: Ms. Nandita Rao, ASC (Crl.) for the
State with Mr. Jasraj Singh Chhabra,
Advocate.
SI Ravi N., PS Moti Nagar.
Mr. Tushar Rohmetra, Advocate for
R-2 (through VC).
R-2 (through VC).
Mr. Manish Sharma, Mr. Vikas
Sharma, Mr. Rishabh Singh,
Mr. Inder, Ms. Mhasi Keditsu,
Mr. Abhishek V., Mr. Piyush and
Ms. Janhavi, Advocates for R-3.
R-3 (through VC).
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 10.10.2023
1. The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC seeks quashing of FIR No. 54/2023, under Sections 420/120B of the IPC, registered at P.S. Moti Nagar.
2. On oral request, Ms. Divya Sharma, who is appearing through video conferencing, is impleaded as respondent no. 3.
3. Learned counsel appearing on behalf of petitioners submits that the aforesaid FIR was registered at the instance of respondent no.2. It is further 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 14/10/2023 at 14:41:13 submitted that during the pendency of the aforesaid FIR, petitioners and respondent no. 2 have arrived at a compromise deed dated 21.05.2023. Further, it is pointed out that the aforesaid FIR was registered against the present petitioners, Mr. Akshay Sachdeva (son of petitioners no. 1 and 2) and Ms. Divya Sharma (daughter-in-law of petitioners/respondent no. 3). It is further submitted that petitioners have no contact with Mr. Akshay Sachdeva.
4. Petitioners, complainant/respondent no. 2 and respondent no. 3 are present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Ravi N., PS Moti Nagar.
5. The complainant/respondent no.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed qua the present petitioners and respondent no. 3. He further states that all the terms of the agreement have been complied with.
6. In view of the settlement between the parties, learned Additional Standing Counsel (Crl.) for the State also has no objection if the present FIR is quashed. It is further pointed out that Mr. Akshay Sachdeva, who is also an accused in the present FIR has been absconding and is not joining investigation.
7. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and 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 14/10/2023 at 14:41:13 compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 54/2023, under Sections 420/120B of the IPC, registered at P.S. Moti Nagar qua the present petitioners and respondent no. 3.
9. In the interest of justice, the petition is allowed, and the FIR No. 54/2023, under Sections 420/120B of the IPC, registered at P.S. Moti Nagar, is hereby quashed qua the present petitioners and respondent no. 3.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J OCTOBER 10, 2023/sn 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 14/10/2023 at 14:41:13