Delhi High Court
Ratan Kumar & Anr vs The State Nct Of Delhi & Ors on 15 February, 2016
Author: Siddharth Mridul
#22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 15th February, 2016
+ W.P.(CRL) 2301/2014
RATAN KUMAR & ANR ..... Petitioners
Through: Mr. Sumit Chaudhary, Advocate
versus
THE STATE NCT OF DELHI & ORS ..... Respondents
Through: Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Jamal Akhtar and Mr.
Shekha, Advocates
SI Kulvir Singh, P.S Shahbad Dairy
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. 632/2013, under Section 420 IPC registered at Police
Station- Shahbad Dairy, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered as an offshoot of a dispute
between the petitioners herein and the respondent nos. 2 and 3 herein qua a
plot of land bearing no. 37/3 situated within revenue estate of Village
Barwala, Delhi and the area presently known as Nanesh Enclave, Jain
Colony, F- Block, Gali No. 3, Delhi.
3. Counsel for the parties state that with the intervention of common
friends and community elders, the parties have arrived at an out-of-court
settlement of all their outstanding disputes by way of a Compromise Deed
dated 13th May, 2014 duly executed by the petitioners and the respondent
nos. 2 and 3 herein and annexed as Annexure 'B- Colly' to the present writ
petition. The salient terms and conditions as enshrined in the said
Compromise Deed are as follows:-
"1. That it is agreed between both the parties that the
Second Party will pay the total amount of Rs. 10,00,000/-
only (Rs. Ten Lacs only) to the first party in the name of
Smt. Meena Gupta at the time of signing of this
Compromise Deed/MOU. That after receiving the Rs.
10,00,000/- (Rupees Ten Lacs only), the first party shall
not have any grievance or grudges against the second party
with regard to the complaint case titles as Sangam Tripathi
vs. Jitender Pandey & Ors., PS Shahbad Dairy CC No.
11/SC/13 and case FIR No. 632/13 dated 25/11/2013, U/s
420 IPC registered at P.S. Shahbad Dairy.
2. That it is agreed between the parties that the first party
will cooperate second party in their bail application in FIR
No. 632/13 and shall not oppose same as all the issues and
grievances mentioned in the FIR No. 632/13, with regard
to land measuring two bighas bearing no. 37/3 situated
within revenue estate of Village Barwala, Delhi and the
area presently known as Nanesh Enclave, Jain Colony,
F- Block, Gali No. 3, Delhi, have already been settled
against the payment of Rs. 10,00,000/- (Ten Lacs only)
3. That it is also agreed between the parties that the first
party will cooperate in getting FIR No. 632/13 dated
25/11/2013, u/s 420 IPC registered at PS Shahbad Dairy
quashed before the Hon'ble Delhi High Court or get it
compounded before the competent court of law against the
accused persons of FIR No. 632/13.
4. That it is also agreed between the parties that no party
will claim anything against each other or raise any dispute
against each other with regard to the aforesaid litigation as
the dispute concerning the aforesaid litigation have already
been resolved/compromised amicably in presence of
family members/friends of both the parties and first party
undertake not to raise any issue with each other regard to
land measuring two bighas bearing no. 37/3 situated within
revenue estate of Village Barwala, Delhi and the area
presently known as Nanesh Enclave, Jain Colony, F-
Block, Gali No. 3, Delhi in future against the second party
except that of any surplus
land/untitled/unclaimed/encroached/vacant land if found
within the part of Khasra No. 37/3 owned by others then
the first party shall have right to occupy the same and
second party shall not make any objection/oppose in any
manner with regard to that piece of land and will rather
cooperate in getting possession of same to 1st party. The
original registry document of the said land is with I.O in
the case FIR No. 632/13. The second party has no
objection of the same if original given to the 1st party.
5. That both the parties do not want to proceed further
against each other as all their disputes, grudges and
differences have already been sorted out amicably out of
court. Hence, further no cause of action survives in this
matter.
6. That now with the intervention of family friends, well
wishers and senior citizen of the locality, both the parties
have reached to an amicable settlement on their own
accord, free will and consent without any pressure and
coercion. Now there is no other disputes or grievances
remained between the parties, as all the disputes have been
sorted out.
7. That if any party fails to comply the terms and
conditions of this compromise deed then other party have
right to take appropriate and necessary legal action against
the party in fault as per law."
4. Mr. Sumit Chaudhary, learned counsel appearing on behalf of the
petitioners states that in pursuance to the said Compromise Deed dated 13th
May, 2014, a sum of Rs. 10 lakhs has already been paid to the respondent
nos. 2 and 3 herein at the time of execution of the said Compromise Deed.
The receipt thereof is annexed to the present writ petition as Annexure 'C'.
The said position is not refuted by the respondent nos. 2 and 3 herein.
5. Respondent No.3/complainant- Sangam Tripathi as well as respondent
no. 2- Smt. Meena Gupta, who are present in Court today and has been
identified by the Investigating Officer in the subject FIR namely SI Kulvir
Singh, Police Station- Shahbad Dairy, Delhi as well as their respective
counsel, state that in view of the amicable resolution of the dispute as afore-
stated, they are no longer keen to proceed with the subject FIR and the
proceedings emanating therefrom.
6. In the present case, it is observed that the offence in the subject FIR do
not fall within the exempted categories of serious/heinous offences which
ought not to be quashed on the ground of an amicable resolution of the
disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)
10 SCC 303]. The offence alleged to have been committed in the subject
FIR are private in nature and do not have a serious impact on society.
7. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been settled between the parties amicably by way of a
Compromise Deed dated 13th May, 2014, without any undue influence,
pressure or coercion; and the settlement between the parties is lawful, no
useful purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
8. Resultantly, the FIR No. 632/2013, under Section 420 IPC registered
at Police Station- Shahbad Dairy, Delhi and the proceedings arising are
hereby set aside and quashed qua the petitioners subject to their depositing a
sum of Rs. 10,000/- each 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.
9. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 15, 2016
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