Delhi High Court
Mohd. Ilyas & Anr vs State Govt Of Nct Of Delhi & Anr on 14 August, 2015
Author: Siddharth Mridul
#30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.08.2015
+ W.P.(CRL) 1725/2015
MOHD. ILYAS & ANR ..... Petitioners
Through Mr. R.M.S. Tufail, Mr. Anwar A.
Khan and Mr. Farooq, Advocates
versus
STATE GOVT OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Amrit Singh for Mr. Rahul
Mehra, Standing Counsel (Crl.)
SI Arvind Kumar, P.S. Jahangir Puri
Mr. Varun Aggarwal, Adv. for R-2
along with respondent no. 2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 11682/2015 (Exemption)
Exemptions allowed subject to all just exceptions.
The application stands disposed of.
W.P. (CRL) 1725/2015
The present is a petition under Article 226 of the Constitution of India
read with Section 482 Cr.P.C., 1973 seeking quashing of FIR No. 517/2015
under Section 420 IPC registered at Police Station Jahangir Puri, Delhi and
the proceedings emanating therefrom.
Briefly encapsulated the facts are that Nar Singh, the complainant
herein paid a sum of Rs. 15 lakhs to the petitioner no. 1 as earnest money
towards the purchase of a commercial shop at Jahangir Puri, Delhi. The
balance consideration of Rs. 6.5 lakhs was to be paid by the complainant to
the petitioners on or before the 14th of January, 2015. The subject FIR was
registered on the allegation that contrary to the agreement entered into
between the parties, the petitioners sold the subject property to somebody
else.
Mr. R.M.S. Tufail, learned counsel appearing on behalf of the
petitioners as well as Nar Singh, the complainant who is present in Court and
has been identified by his counsel Mr. Varun Aggarwal, state that with the
intervention of elders and respectable people in the Colony, the parties have
arrived at an amicable resolution of their dispute which is reflected in the
Settlement Deed dated 10th August, 2015 entered into between the parties
and annexed to this petition as Annexure A-3.
A perusal of the Settlement Deed dated 10th August, 2015 reveals as
under:-
"a. That the Second Party has jointly honoured the grievance
of the First Party by making good the losses so incurred by
the First Party by paying Rs.14,00,000.00 (Rupees Fourteen
Lakh) on 06th day of August 2015 to the First Party.
b. That on receipt of the above mentioned amount, the
grievance of the First Party stands resolved and he has no
further grudge or complaint against the Second Party.
c. That the First Party has no objection if the FIR bearing
No.517/2015 registered under section 420 of the Indian
Penal Code at Police Station Jahangir Puri, Delhi is quashed.
d. That the Second Party will move a joint petition before
the Hon'ble High Court of Delhi thereby seeking quashing
of F.I.R.No.517/2015 PS Jahangir Puri and the First Party
shall swear an affidavit of no objection qua the same and
shall make himself present before the Hon'ble High Court of
Delhi on the actual date of hearing.
e. That the First Party shall further make a statement of no
objection in this regard before the Hon'ble High Court of
Delhi on the date of hearing of the quashing petition.
f. That the First Party and Second Party jointly undertake to
not to disturb each other in each other's day to day affairs
and no further litigation shall take place vis-à-vis the present
dispute which is the subject matter of the present
settlement."
In Gian Singh vs. The State of Punjab, reported as (2012) 10 SCC
303, the Hon'ble Supreme Court held that except in heinous and serious
offences of mental depravity, murder, rape, dacoity etc. or offences under
special statutes like Prevention of Corruption Act, offences that are private in
nature and do not have a serious impact on society, may be quashed.
In the present case, it is observed that pursuant to the said Settlement
Deed dated 10th August, 2015, a sum of Rs. 14 lakhs has already been
received by the complainant-Nar Singh. The said amount, as agreed to
counsel for the complainant, is towards full and final settlement of all claims
of respondent no. 2 qua the petitioners and in satisfaction thereof.
Since the disputes between the parties which arose out of a property
transaction has been amicably resolved between the parties without any
undue influence, pressure or coercion and since the Settlement Deed is
lawful, no useful purpose will be served by proceeding with the subject FIR
and the proceedings emanating therefrom.
Resultantly, the subject FIR No. 517/2015 under Section 420 IPC
registered at Police Station Jahangir Puri, Delhi and the proceedings
emanating therefrom are hereby set aside and quashed qua the petitioners
herein, subject to the petitioners depositing a sum of Rs. 11,000/- each with
the Management of the Jama Masjid at Jahangir Puri, Delhi within a period
of one week from today. The receipt thereof shall be provided to the
Investigating Officer namely SI Arvind Kumar, Police Station Jahangir Puri,
Delhi.
The petitioners are ready to offer their services voluntarily by doing
some social work at the said Masjid in Jahangir Puri, Delhi for a period of
one month from today. Ordered accordingly.
The writ petition is allowed with the above directions and disposed of
accordingly.
SIDDHARTH MRIDUL, J
AUGUST 14, 2015/sd
