Delhi High Court
Gian Chand Gupta & Anr. vs State & Anr. on 13 August, 2015
Author: Siddharth Mridul
#5
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13.08.2015
W.P.(CRL) 1580/2015
GIAN CHAND GUPTA & ANR. ..... Petitioners
Through: Mr. Y.S. Chauhan, Advocate
versus
STATE & ANR. ..... Respondents
Through: Ms. Srilina Roy, Advocate for Ms.
Nandita Rao, ASC (Criminal) with SI
Vinod Kumar, PS- Mehrauli for R-1
Mr. L.N. Soni, Complainant in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 CrPC seeking quashing of FIR No.1875/2015, under
Section 420 IPC, registered at Police Station- Mehrauli, New Delhi and the
proceedings arising therefrom.
2. The facts in brief are that an agreement to sell a parcel of land situated
in Mehrauli, Delhi was entered into between the petitioner No.1 and the
respondent No.2. A complaint was filed on behalf of respondent No.2
alleging that the petitioner No.1had already sold the subject land to some
other people prior to entering into an agreement to sell with him. The
subject FIR was registered accordingly.
3. With the intervention of common friends and neighbours, the parties
to the above mentioned property dispute have amicably resolved all their
differences by way of settlement deed dated 16.07.2015. A copy thereof is
annexed to the petition and marked as Annexure 4.
4. By way of the said settlement deed it has been agreed by and between
the parties that the petitioners shall give two cheques dated 31.08.2015 and
30.09.2015 in the sum of Rs.15,00,000/- each (Rupees Fifteen Lakhs) to the
respondent No.2 towards settlement of all the latter's claims, disputes and
grievances qua the petitioners.
5. Mr. L.N. Soni, respondent No.2-complainant, who is present in
person, has been identified by IO SI Vinod Kumar, Police Station- Mehrauli
states that the cheque Nos.334646 and 334648, drawn on IDBI Bank, 1,
Mahipalpur, Vasant Kunj Road, New Delhi-110037, in his favour in the sum
of Rs.15,00,000/- (Rupees Fifteen Lakhs) each have already been handed
over to him by the petitioners herein.
6. In view of this and the circumstance that the compromise deed has
settled all the disputes between the parties, he does not wish to proceed with
the subject FIR subject to encashment of the afore-stated cheques.
7. Mr. Chauhan, learned counsel appearing on behalf of the petitioners
states that the petitioners are present in person in Court today and undertake
to honour the cheques given to the respondent, when presented for
encashment. The undertaking is accepted. An affidavit in this behalf be
filed by each of the petitioners in this Court within a period of one week
from today. It is made clear to the petitioners that in the event of any default
on their part in complying with the undertaking accepted above, the present
order shall stand vacated and further action in accordance with law may be
taken against them.
8. Since the disputes, arising out of the property sale of the subject
property have been settled amicably, without any undue influence, pressure
or coercion, no useful purpose will be served by proceeding with the subject
FIR and the proceedings arising therefrom. In the circumstances, the subject
FIR No.1875/2015, under Section 420 IPC, registered at Police Station-
Mehrauli and the proceedings emanating therefrom are hereby set aside and
quashed qua all the petitioners subject to their depositing a sum of
Rs.25,000/- each (Rupees Twenty Five Thousand) with the Delhi High Court
Legal Services Committee within a period of two weeks from today. Mr.
L.N. Soni, respondent No.2 (complainant) has very generously agreed to
deposit a sum of Rs.50,000/- (Rupees Fifty Thousand) with the Delhi High
Court Legal Services Committee once the cheques handed over to him have
been duly encashed. A receipt thereof be provided to the IO in the subject
FIR.
9. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
AUGUST 13, 2015
dn
