Delhi High Court - Orders
Mukesh @ Mannu & Ors vs State Of Nct Of Delhi & Anr on 22 May, 2023
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3718/2023
MUKESH @ MANNU & ORS. ..... Petitioners
Through: Mr S. Murli Manoharam, Advocate
along with petitioners in person.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms Priyanka Dalal, APP for the State
with SI Mahesh Kumar, PS Okhla
Industrial Area.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 22.05.2023 CRL.M.A. 14053/2023
1. Allowed, subject to all just exceptions.
CRL.M.C. 3718/20232. The present petition has been filed under Section 482 Cr.PC seeking quashing of FIR No.661/2015 under Sections 323/509/506/354/34 IPC registered at PS Okhla Industrial Area, South-East, Delhi on the ground that parties have entered into a settlement.
3. Issue notice. Learned APP for the State accepts notice. She submits that since the parties have amicably settled all their disputes, the State has no objection in case the present FIR is quashed.
4. The petitioners as well as the respondent no.2 are present in the Court and they have been identified by the Investigating Officer SI Mahesh 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 24/09/2023 at 21:17:13 Kumar, PS Okhla Industrial Area.
5. The brief facts of the case are that there was financial transaction between the petitioners and respondent no.2. On account of certain financial disputes, scuffle arose between the parties which escalated to fight between them leading to the registration of the present FIR.
6. Learned counsel for the parties submit that all the compoundable offences, except an offence under Section 354 IPC, have been compounded by the court of learned Metropolitan Magistrate, Mahila Court-02/SED, Saket New Delhi and an order to that effect has been placed on record, which is annexed as Annexure P-5 to the present petition.
7. The learned counsel for the parties submit that the parties have entered into an Memorandum of Understanding dated 07.09.2023 in respect of FIR No.661/2015. The relevant terms of said settlement reads as under:-
"5. For the compoundable offences regarding the incident that took place on 24.8.2015 in FIR 661/2015, the Second Party have apologized and sought forgiveness from the Complainant in the First Party and she has accepted their apology and granted them forgiveness.
6. As the said dispute arose over an amount of Rs. 1,60,000/- due by one of the accused to the Complainant and her family, the Parties have arrived at a settlement amount of Rs. 1,40,000/- payable by Shri Rupender Jha to Smt. Sindhu Jha. The said amount will be paid from the month of September, 2022 @ Rs. 15,000/- per month for 8 months and Rs. 20,000/- in the 9th month. Thus, the entire amount will be cleared by the month of May 2023. The amounts will be transferred by the 10th of each month, into the following account by Shri Rupender Jha, and a whatsapp will be sent by him, to the Counsel of the First Party, Smt. Indira Unninayar, at Mob. No. 9810269803. A/c No. 0602000100143982, IFSC Code PUNB0060200, NSIC Estate, Okhla Phase III Branch.
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 24/09/2023 at 21:17:13
7. The Parties have agreed that they will seek compounding of compoundable offences before the Ld. Court of the MM before whom the matter is pending. The matter is presently pending before the Court of Ms. Tarunpreet Kaur, Ld. MM-02.
8. The Parties have also agreed that they will move quashing petitions for the remaining provision of both FIRs 661/2015 & 662/2015 and they and their relatives will cooperate for the same. Similarly, Complainant in FIR 662/2015, wife of Shri Praveen Jha will also seek compounding of the compoundable offences before the Court of the Ld. MM, in light of settlement of the matter in the related FIR 661/2015. Both Parties have no further grievance against one another."
8. In terms of the settlement, the petitioner no.3 has to pay an amount of Rs.1,40,000/- to the respondent no.2. Out of the said amount, Rs.1,20,000/- has already been paid by the petitioner no.3 to the respondent no.2, the receipt of which respondent no.2 acknowledges.
9. Learned counsel for the petitioners, as well as, learned counsel for the respondent no.2 jointly states that the balance amount of Rs.20,000/- shall be paid by the petitioner no.3 to the respondent no.2 (complainant) within four weeks from today.
10. Respondent no.2 (complainant), who is present in Court today states that she has no objection in case the FIR in question is quashed.
11. Considering the fact that the aforesaid FIR has arisen out of the financial transaction between the parties, the dispute between them is personal in nature. Further, having regard to the fact that the petitioners, as well as, the respondent no.2 have entered into a settlement, the ultimate chances of conviction in this case are bleak and continuation of proceedings will cause prejudice to the parties.
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 24/09/2023 at 21:17:14
12. In view of the fact that the parties have amicably settled their differences out of their own free will and without any coercion, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between the parties.
13. It would, therefore, be in the interest of justice to quash the abovementioned FIR and the proceedings emanating there from.
14. Consequently, the petition is allowed and FIR No.661/2015 under Sections 323/509/506/354/34 IPC registered at PS Okhla Industrial Area, South-East, Delhi and the proceedings emanating there from are quashed.
15. The petition is disposed of.
16. Order be uploaded on the website of this Court.
VIKAS MAHAJAN, J MAY 22, 2023 MK 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 24/09/2023 at 21:17:14