Delhi High Court
Sanjay Kumar Gupta & Ors vs State & Anr on 8 February, 2016
#29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08.02.2016
W.P.(CRL) 237/2016
SANJAY KUMAR GUPTA & ORS ..... Petitioners
Through: Mr. Arvind Kumar Gupta, Advocate
with Mr. Rahul Mangla, Advocate
along with Petitioners in person
versus
STATE & ANR ..... Respondents
Through: Mr. Sanjay Lao, Additional Standing
Counsel (Criminal) with SI Balihar
Singh, PS- EOW for R-1
Mr. Anshul Garg, Advocate for R-2
along with Complainant/R-2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.1298/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 237/2016 & CRL.M.A.1297/2016 (Stay)
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 (Cr.P.C.)
seeking quashing of FIR No.923/2015, under Sections 419/420/120-B/34
IPC, registered at Police Station- Alipur, Delhi and the proceedings arising
therefrom.
2. It is an admitted position that the subject FIR arises as a consequence
of a commercial transaction having been breached allegedly by the
petitioners herein.
3. Counsel appearing on behalf of the petitioners as well as counsel
appearing on behalf of the complainant/respondent No.2 state that better
sense prevailed and the parties decided to settle all their disputes amicably
out of which the subject FIR has been registered. The settlement agreement
dated 27.12.2015 is annexed to this petition as Annexure F. The salient
terms and conditions of the said settlement agreement dated 27.12.2015 are
as follows:-
"1. That the as per the MOU, the parties have amicably
settled the disputes for total amount of
Rs.2,50,00,000/- (Rupees Two Crores and Fifty Lakhs
Only) in full and final settlement.
2. That it has been agreed between the parties to this
MOU that the above mentioned settled amount shall be
honored by the first party through five installments and
has to be paid by the first party to second party on or
before 16.02.2016. It has also been agreed that last
installment shall be paid at the time of quashing of the
FIR No.923/2015, PS Alipur.
3. That the first party would pay all installment to the
second party through the demand draft at the time of
quashing of FIR No.923/2015 dated 11.10.2015 under
sections 419/420/120-B/34 IPC, P.S. Alipur before the
Hon'ble High Court of Delhi at New Delhi.
4. That the first party and second party will file joint
petition for quashing of the FIR No.923/2015, u/s
419/420/120-B/34 IPC, PS Alipur before the Hon'ble
High Court of Delhi at New Delhi within stipulated
period.
5. That the second party will left no claim whatsoever
against the first party with respect to the invoices/bills
mentioned in the FIR No.923/2015, PS Alipur. It is
further agreed between the parties that the second
party will not file or institute any civil suit or
complaint or any legal action against the first party,
M/s M.Y. Agro Pvt. Ltd. and Directors of M.Y. Agro
Pvt. Ltd. in future for the transctions mentioned in the
FIR No.923/2015, PS Alipur.
6. That the first party and second party will maintain
cordial relations with each other and will try to forget
all the grievances against the each other.
7. That the second party will left no claim for due amount
and their goods as alleged in FIR No.923/2015, u/s
419/420/120-B/34 IPC, PS Alipur.
8. That the parties assure each other that they will abide
with the terms and conditions as stipulated above.
9. That the present memorandum of understanding is
signed between the parties voluntarily, without any
force, misrepresentation, coercion and undue influence
and under full senses.
10. That it has been agreed that the second party would
inform the investigation agency about the present
MOU and will give no objection if needs arises at the
time of the seeking bail before the Competent Court of
Law.
11. That the present compromise deed is read over and
understood to the parties by each other in the
vernacular and is signed in triplicate thereafter."
4. Mr. Gupta, learned counsel appearing on behalf of the petitioner states
that in pursuance to the said compromise deed, a sum of Rs.1,00,00,000/-
(Rupees One Crore Only) has already been paid to the
complainant/respondent No.2. The complainant/respondent No.2, who is
present in person and has been identified by the IO SI Balihar Singh, Police
Station- EOW as well as his counsel acknowledges receipt. The balance sum
of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs Only) has been brought
to the Court in the shape of three demand drafts bearing No.060431, 060432
and 060433 dated 05.01.2016, drawn on Bank of India, Punjabi Bagh
Branch, Delhi in the sum of Rs.50,00,000/- (Rupees Fifty Lakh Only) each.
The same are handed over to the complainant/respondent No.2 in Court
today who acknowledges receipt thereof subject to encashment.
5. The complainant/respondent No.2 states that in view of the settlement
arrived at between the parties, he is no longer keen to proceed with the
subject FIR and the proceedings arising therefrom.
6. The present case does not fall within the category exempted from
quashing in terms of the decision of the Supreme Court in Gian Singh vs.
State of Punjab and Anr. reported as (2012) 10 SCC 303, since it does not
affect the general public at large and it is a private affair.
7. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved 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.
8. Consequently, FIR No.923/2015, under Sections 419/420/120-B/34
IPC, registered at Police Station- Alipur, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their collectively depositing a sum of Rs.1,00,000/- (Rupees One Lakh Only)
with the Victims' Compensation Fund, Government of NCT of Delhi within
a period of two weeks from today. The receipt of the said deposit shall be
furnished to the concerned IO.
9. The writ petition is disposed of accordingly. The pending application
also stands disposed of.
SIDDHARTH MRIDUL, J
FEBRUARY 08, 2016
dn
