Delhi High Court
Hari Shankar Gupta vs State & Anr on 22 February, 2016
#42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd February, 2016
+ W.P.(CRL) 576/2016 and Crl. MA No. 3189/2016
HARI SHANKAR GUPTA ..... Petitioner
Through Ms. Nupur Sharma and Mr. Vivek
Kadyan, Advs. along with petitioner
versus
STATE & ANR ..... Respondents
Through Ms. Neha Dhir for Ms. Nandita Rao,
ASC (Crl.) for the State
SI Sudhir Sharma, PS Sunlight Colony
Respondent no. 2/Complainant
in-person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 3189/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 576/2016
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. 786/2015, under Sections 406/420/467/468/471 IPC
registered at Police Station- Sunlight Colony, Delhi and the proceedings
arising therefrom.
2. The subject FIR came to be registered against the petitioner herein -
Mr. Hari Shankar Gupta, pursuant to a direction dated 17th November, 2015
issued by the learned Metropolitan Magistrate, Saket Courts, New Delhi in
CC No. 49/1/15, filed at the instance of Mr. Parvesh Kumar Balyan, the
complainant herein.
3. The backdrop in which the subject FIR came to be registered was that
Mr. Hari Shankar Gupta- the petitioner herein and Mr. Parvesh Kumar
Balyan, the complainant herein were engaged in the business of repair and
resale of old cars and in the course of their business, certain disputes and
differences arose between the parties over settlement of accounts and Mr.
Parvesh Kumar Balyan alleged that the petitioner herein had sold his car
without his permission.
4. Counsel for the parties state that with the intervention of elders in the
family, the parties have arrived at an amicable settlement of all their
outstanding commercial disputes before the learned Metropolitan Magistrate,
Saket Courts, New Delhi on 14th January, 2016 and the same is evidenced by
the statement of Mr. Parvesh Kumar Balyan, which reads as follows:-
"Statement of Parvesh Kumar Balyan, S/o Sh. V.K.
Balyan, aged about 33 years, R/o House No. 29-A,
Pocket B, Siddharth Extension, New Delhi
ON SA
I am complainant in the present case. I have entered
into a settlement with the mother of the accused Hari
Shankar Gupta namely Sneh Lata, and pursuant to the said
settlement, I have received the entire cheated amount of
Rs. 4,00,000/-. The said amount is received by me as full
and final settlement. I do not have any objection if the
accused is granted bail and further, I have agreed to
cooperate with the accused in getting the present FIR
quashed."
5. In a nutshell, it has been agreed by and between the parties that the
respondent no.2/complainant be paid a sum of Rs. 4,00,000/- as full and
final settlement in lieu of his outstanding commercial dispute against the
petitioner. Mr. Parvesh Kumar Balyan- respondent no.2 acknowledges
receipt thereof.
6. Mr. Parvesh Kumar Balyan- respondent No.2/complainant, who is
present in Court today and has been identified by the Investigating Officer in
the subject FIR namely SI Sudhir Sharma, Police Station- Sunlight Colony,
Delhi states that in view of the amicable resolution of the dispute as afore-
stated, he is no longer keen to proceed with the subject FIR and the
proceedings emanating therefrom.
7. In the present case, it is observed that the offence in the subject FIR
does 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 is private in nature and does not have a serious impact on
society.
8. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been settled between the parties amicably 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.
9. Resultantly, the FIR No.786/2015, under Sections
406/420/467/468/471 IPC registered at Police Station- Sunlight 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 within a period of three weeks from today. A
copy of the receipt thereof shall be provided to the Investigating Officer in
the subject FIR.
10. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 22, 2016
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