Delhi High Court
Arun Singh vs The State ( Govt Of Nct Of Delhi) & ... on 29 April, 2016
37
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29th April, 2016
W.P.(CRL) 1307/2016 & CRL.M.A. 6865/2016
ARUN SINGH ..... Petitioner
Through: Mr Viveck Aggarwal, Advocate.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Ms Neha Dhir, Advocate for
Ms Nandita Rao, Addl. Standing
Counsel (Crl.).
Mr Bharat Bagga, Advocate for R-2
with respondent No.2 in person.
SI Chhattar Singh, PS- Subhash Place.
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.538/2015 under Sections 420/506 IPC registered at
Police Station- Saraswati Vihar, Delhi.
2. The subject FIR came to be registered on an allegation by Mr Raman
Harjai, the respondent no.2/complainant herein to the effect that the
petitioner Mr Arun Singh, with whom he had entered into an agreement qua
the operating of a restaurant in the name and style of Moti Mahal Delux had
allegedly cheated him.
3. The complainant, who is present in person in court today and has been
identified by the IO in the subject FIR, namely, SI Chhattar Singh, PS-
Subhash Place, New Delhi, states that consequent upon the registration of the
subject FIR he has entered into an amicable resolution of the dispute that led
to the registration thereof. The terms and conditions of the afore-stated
compromise are encapsulated in the present petition are as follows:-
"6. That the respondent No.2 out of his free will and
consent and without any kind of threat, force
and coercion from any corner had settled all his
claims, disputes, differences and grievances in
respect of the management of the aforesaid
restaurant M/s Moti Mehal Delux at F-107/108,
North Square Mall, Netaji Subhash Place and
subject matter of criminal proceedings against a
sum of Rs.7,40,000/- (Rs. Seven Lacs Forty
Thousand only) with the petitioner.
7. That the petitioner shall pay a sum of
Rs.7,40,000/- (Rs. Seven Lacs Forty Thousand
only) to the respondent No.2 at the time of
making of the statement for quashing of criminal
proceedings vide FIR bearing No.538/2015 by
way of Demand Draft bearing No.646477 dated
08.04.2016 drawn on Yes Bank, Pitam Pura,
Delhi. Copy of the demand draft dated
08.04.2016 is annexed herewith as Annexure P-
8. That the respondent No.2 after recording his
statement of quashing of the criminal
proceedings and after receiving the entire
amount of Rs.7,40,000/- from the petitioner
shall make the representation in writing to the
aforesaid authorities where the respondent No.2
has filed the complaints and also get record his
statement for permanent withdrawal of the
proceedings against the petitioner.
9. That the respondent No. 2 after receiving the
aforesaid amount of the Rs.7,40,000/- (Rs.
Seven Lacs Forty Thousand only) from the
petitioner shall not institute any kind of civil or
criminal proceedings against the petitioner in
any court of law police authority or before any
statutory bodies in respect of the subject matter
of the FIR which has been fully and finally
settled by the respondent No. 2 forever.
10. That the respondents No.2 has no more
grievance against the petitioner. The respondent
No.2 is not willing to support the imputations
made in the said FIR against the petitioner
because the dispute in question has already been
settled/compromised between the parties. In
these circumstances, there are no chances of
successful prosecution and conviction of the
petitioner. Therefore, no fruitful purpose will be
served while allowing the criminal proceedings
in question to continue. The very purpose of
justice will be frustrated by allowing the
criminal proceeding in question to continue.
11. That the compromise between the parties has
been arrived with their free consent, without any
threat or pressure or coercion or undue
influence.
12. That the respondents no.2 has no objection if the
FIR in question is quashed against the
petitioner."
4. Counsel for the parties state that pursuant to the above-stated
settlement a sum of Rs.7,40,000/- in the shape of a demand draft bearing
No.646477 dated 08.04.2016 drawn on Yes Bank Ltd., Pitampura New
Delhi, has been handed over to the complainant in court today. The
complainant acknowledges receipt thereof subject to encashment.
5. In view of the foregoing, the complainant/respondent No.2 states that
he is no longer keen to prosecute the subject FIR.
6. In view of the foregoing, since the commercial dispute that led to the
registration of the subject FIR has been settled amicably by and between the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Resultantly, the FIR No.538/2015 under Sections 420/506 IPC
registered at Police Station- Saraswati Vihar, Delhi, is hereby set aside and
quashed qua the petitioner subject to his depositing a sum of Rs. 10,000/-
with the Victims' Compensation Fund within a period of two weeks from
today. A copy of the receipt thereof shall be provided to the Investigating
Officer in the subject FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
APRIL 29, 2016
mk
