Delhi High Court - Orders
Nadeem Siddiqui & Anr vs The State (Govt. Of Nct Delhi) & Anr on 26 May, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3945/2023
NADEEM SIDDIQUI & ANR. ..... Petitioners
Through: Mr Momin Fazal, Adv.
versus
THE STATE (GOVT. OF NCT DELHI) & ANR. ..... Respondents
Through: Mr Hemant Mahla, APP for State
Inspector Khalid Hussain, ATO/Jamia
Nagar
Mr Zubair Raza, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 26.05.2023 CRL.M.A. 14841/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 3945/20231. This is a petition seeking quashing of FIR No. 161/2018 dated 28.04.2018, under Sections 420/468/471/34 IPC, registered at Police Station
- Jamia Nagar and consequential proceedings, if any, emanating therefrom.
2. As per the FIR, the petitioners sold property bearing No. 470/17, measuring 27 sq. meter at Ground Floor, part of Khasra No. 125, Zakir Nagar, Okhla. The respondent No.2 paid 51 lakhs to the petitioners. After receiving the said money, the petitioners did not honour their contractual obligations. Hence, the FIR.
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 25/09/2023 at 10:08:38
3. During the pendency of the proceedings, the parties have arrived at a settlement dated 11.04.2023, pursuant to which the petitioners have returned a sum of Rs. 6, 50,000/- to respondent No.2 and also transferred another property.
4. The petitioners are present in Court and have been identified by their counsel, Mr Momin Fazal.
5. The respondent Nos.2 is also present in Court and has been identified by his counsel Mr Zubair Raza as well as by the Investigating Officer Inspector Khalid Hussain.
6. Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. The respondent Nos.2 states that he does not wish to prosecute the FIR any further and wants to put a quietus to the entire matter and states that he has no objection if the FIR is quashed against the petitioners. The petitioners also regret their action and undertake to never repeat the same in future.
7. There is one accused who is not a party to the petition.
8. The partial quashing of the FIR is permissible in accordance with „Lovely Salhotra v. State (NCT of Delhi)', [(2018) 12 SCC 391]:
"3. We have taken into account the facts of the matter in question as it appears to us that no cognizable offence is made out against the appellants herein. The High Court was wrong in holding that the FIR cannot be quashed in part and it ought to have appreciated the fact that the appellants herein cannot be allowed to suffer on the basis of the complaint filed by Respondent 2 herein only on the ground that the investigation 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 25/09/2023 at 10:08:38 against co-accused is still pending. It is pertinent to note that the learned Magistrate has opined that no offence is made out against Co-accused 2, 3, 4 and 6 prima facie. According to us, the FIR in question filed against the appellants herein by Respondent 2 is only an afterthought with the sole intention to pressurise the appellants not to prosecute their criminal complaint filed by them under Section 138 of the Negotiable Instruments Act, 1881.
4. Accordingly, we find that the order so passed by the High Court is not sustainable in the eye of the law and deserves to be set aside. Accordingly, we set aside the said order of the High Court and quash the FIR qua the appellants herein. The appeal is allowed in the aforestated terms."
9. This court in CRL. M.C. 1741/2021, titled „Sunil Tomar v. The State of NCT of Delhi & Anr.' vide judgment dated 12.04.2022 also observed:
"9. Partial quashing or part quashing of FIR only qua the petitioner/ accused with whom the complainant has compromised or settled the matter can be allowed and while quashing, it must be appreciated that the petitioner/accused cannot be allowed to suffer based on a complaint filed by the respondent, when subsequently, all disputes have been settled between the parties."
10. In the present case, the petitioners cannot be made to suffer on account of another accused who is not a party to the present petition.
11. Since the parties have arrived at a settlement and no disputes are 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 25/09/2023 at 10:08:39 pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. In this case the proceedings are quashed as the respondents have decided to put a quietus to the matter. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.
12. However, I am of the view that considerable time of the police and judicial time has been wasted as the FIR is of the year 2018, charge-sheet has been filed and charges have also been framed. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this case.
13. For the reasons stated above, FIR No. 161/2018 dated 28.04.2018, under Sections 420/468/471/34 IPC, registered at Police Station - Jamia Nagar and consequential proceedings, if any, emanating therefrom are hereby quashed subject to the following conditions and its compliance:
a) Petitioners will deposit costs for planting of trees which must have the nursery life of 3 years and should be a „tree‟ within the definition of The Delhi Preservation of Trees Act, 1994.
b) Petitioners shall report to the Deputy Conservator of Forest, South (hereinafter referred to as „DCF‟) and the needful shall be done within a period of 4 weeks from today.
c) Petitioners shall deposit costs of Rs. 15,000/- each for plantation of appropriate number of trees in dedicated account at UCO Bank, Delhi High Court Branch, Account Number: 15530110156933. The proof of costs paid 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 25/09/2023 at 10:08:39 for be placed on the record of this Court within 8 weeks from today. At the time of deposit of costs, the petition number and date of order shall also be given. The DCF will plant appropriate number and variety of trees in the area identified by him as per order in in CRL.M.C. 2208/2023. The DCF will look after the maintenance and upkeep of trees. The concerned authorities (DCF) will replace uprooted/destroyed/dead trees and replant them accordingly. The number of trees planted shall be informed to the Amicus. The DCF shall keep a count of the trees planted pursuant to the orders.
14. Mr Gautam Narayan has already been appointed as Amicus in order passed in CRL.M.C. 2208/2023. This order may be read along with order passed in CRL.M.C. 2208/2023.
15. Amicus is at liberty to approach the Court in case of any difficulty/clarification.
16. Copy of this order be communicated to the Amicus and DCF.
17. The petition is disposed of.
18. In case the proof of costs is not furnished, this file be put up before the Court.
JASMEET SINGH, J MAY 26, 2023 sr Click here to check corrigendum, if any 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 25/09/2023 at 10:08:39