Delhi High Court
Harish K Baghel vs State Of Nct Of Delhi & Anr on 22 December, 2015
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd December, 2015
W.P.(CRL) 2447/2015
HARISH K BAGHEL ..... Petitioner
Through: Mr D.Bhattacharya, Advocate.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Mr Sanjay Lao, Addl. Standing
Counsel (Crl.) with SI Sachin Kumar,
PS- Amar Colony.
Mr Lal Singh and Mr Rakesh,
Advocates for complainant.
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 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No. 218/2014 under Sections 420/468/471/408 IPC
registered at Police Station- Amar Colony, Delhi, and the proceedings
arising therefrom.
2. The subject FIR came to be registered as a consequence of a
commercial transaction which spawned inter se disputes between the
petitioner herein on the one hand and Mr Amal Raj Soosainathan, the
complainant on the other.
3. The inter se disputes led to the institution of the following cases:-
"I) Civil suit No.TM-20/12 titled M/s.APT
International Shopping Pvt. Ltd. Vs.
Harish Kumar Baghel etc., pending before
Shri Inderjeet Singh, learned ADJ, Saket
Court.
II) Complaint case No.241/2014 having same
title pending before the court of Shri
Devender Kumar Garg, learned ACMM,
Saket Court
III) FIR bearing No.218/2014 under Section
420/468/471/408 IPC lodged with the
police of PS Amar Colony
IV) Criminal complaint bearing CC
No.96/1/13 titled Harish Kumar Baghel
Vs. Amal Raj Soosainathan etc., which at
present is pending before the court of Shri
Tarun Yogesh, learned ACMM, Saket,
New Delhi."
4. Finally, with the aid and assistance of the Mediation Centre, Saket
Courts, New Delhi, the parties have arrived at an amicable resolution of all
their outstanding commercial disputes. The salient terms and conditions of
the settlement dated 24.08.2015 arrived at between the parties are as
follows:-
"1. It is agreed that the telephone Nos. 26930149 and
26921701 qua which the first party has filed the suit
for declaration, will be retained by the second party
in their name (either jointly or individually) and the
first party will have no objection whatsoever in
connection with the said an it shall also make
necessary statement for relinquishing such claim for
direction against MTNL which is also made one of
the defendant in the suit. It is also agreed that the
parties jointly will make request to the learned
referral court to pass consent decree in terms of
Order 23 Rule 3 CPC.
2. It is also agreed that the second party will have no
objection in passing decree under order 23 Rule 3
CPC by the court of Shri Inderjeet Singh, learned
ADJ, Saket, New Delhi in case TM-20/12 titled
M/s.APT International Shipping Private Ltd. Vs.
Harish Kumar Baghel etc. confirming the order of
temporary injunction whereby it is agreed that the
second party henceforth will not use the
mark/tradename "APT/Apt" for their business of
trading and forwarding customs. The first party also
agrees to relinquish its claim in connection with the
personal assets in the name of second party, namely,
Harish Kumar Baghel and Dinesh Kumar Baghel
and accordingly, will make necessary statement
stating no objection for vacation of ad-interim
injunction order on the personal assets of the second
party passed vide order dated 20.4.13.
3. It is also agreed that the second party will move
necessary petition before the Hon'ble High Court of
Delhi for quashing of the proceedings arising out of
case FIR No.218/2014, PS Amar Colony, under
Sec.420, 468, 471, 408 IPC in terms of settlement
and that the petition for quashing of the said FIR
will be filed within 15 days from today, i.e.,
24.8.2015.
4. It is agreed between the parties that the expenses for
drafting and filing the said petition and the
necessary affidavits will be borne exclusively by the
second party and it is undertaken by the parties that
they will cooperate with each other in drafting and
signing of necessary documents and affidavits and
will appear before the Hon'ble Court as and when
required to make necessary statements.
5. The first party states that he has no claim in
connection with personal assets of Sanjiv Saxena
qua which the order of ad-interim injuction is stated
to have been passed on 20.4.2013. It is stated that in
terms of the settlement under Order 23 Rule 3 CPC,
the first party will make absolutely no claim
whatsoever against Sanjiv Saxena in connection
with any past or present transaction including laying
any claim any against him in future.
6. It is also agreed that the parties jointly will make
necessary request for passing appropriate orders in
connection with CC No.96/1/13 in which the court
has taken the cognizance on the complaint under
Section 200 Cr.P.C and has passed order of
summoning.
7. It is also agreed that the second party will take
necessary steps for change of name from "APT" to
Baghel or any other name, within two months from
today at all places wherever the trademark APT till
date, has been used by the third party including
bank, service tax registration and/or any other
statutory body or authority.
8. It is also agreed that they will maintain harmonious
ties with each other and will try to resolve any
future issue in connection with the disputes which
they have filed.
9. It is also agreed that the first party will make
necessary statement for withdrawal of the complaint
case bearing CC No.241/2014 before the court of
Shri Devender Kumar Garg, ACMM, Saket Court,
New Delhi.
10. It is also agreed that neither of the party will seek
any waiver from any/or all the terms agreed
herewith under the settlement claiming any mistake
and/or temporary impairment of judgment.
11. It is also agreed that the parties will not claim any
amount against each other in future in connection
with litigation expenses and/or otherwise."
5. The agreement between the parties is lawful and the same is accepted.
The parties shall remain bound by the terms thereof without demur.
6. In view of the foregoing there is no opposition to the quashing of the
present FIR on behalf of the official respondent.
7. Since the commercial dispute which led to the registration of the
subject FIR has been amicably resolved by and between the parties without
any undue influence, pressure or coercion, no useful purpose will be served
by proceeding with the subject FIR.
8. Resultantly, FIR No. 218/2014 under Sections 420/468/471/408 IPC
registered at Police Station- Amar Colony, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to his
depositing a sum of Rs.20,000/- with the Victims' Compensation Fund,
Government of NCT of Delhi within a period of two weeks from today. The
receipt of the deposit be provided to the IO in the subject FIR.
9. With the above directions the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 22, 2015
mk
