Delhi High Court

Deepanshu vs The State ( Govt Of Nct Of Delhi) & ... on 11 March, 2016

#19
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 11.03.2016

W.P.(CRL) 238/2016
DEEPANSHU                                      ..... Petitioner
                           Through:     Mr. Nakul Arora, Advocate

                           versus

THE STATE ( GOVT OF NCT OF DELHI)
& ANR                            ..... Respondents

Through: Ms. Kamna Vohra, ASC (Criminal) with ASI Hari Prashad, DIU/NW for R-1 Respondent No.2 in person

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 (Cr.P.C.)

seeking quashing of FIR No.1240/2015, under Sections 380/511 IPC,

registered at Police Station- Shalimar Bagh, Delhi and the proceedings

emanating therefrom.

2. The subject FIR came to be registered on an application that the

petitioner was unauthorizedly removing goods from the godown of the

complainant. It is further an admitted position that the petitioner is the

partner of the complainant in some other commercial venture.

3. At request of the complainant in the subject FIR as well as the

petitioners herein, the parties were referred to Mediation Centre, in order to

enable them to arrive at an amicable resolution of their disputes that led to

the registration of the subject FIR. The parties have settled all their disputes

with the assistance of Mediation Centre, Rohini District Court, Delhi. The

settlement agreement dated 21.11.2015 is annexed to this petition as

Annexure B. The salient terms and conditions of the said settlement

agreement dated 21.11.2015 are as follows:-

"1) This agreement is between Saurabh Kamra, Deepanshu Brahmi, Gaurav Mohla and Neha Wadhwa.

2) Ms. Neha Wadhwa's account have been settled by paying an amount of Rs.3,78,120/- (Rupees Three Lac Seventy Eight Thousand and one Hundred Twenty Only) through a Demand Draft bearing No.501850, ICICI Bank dated 19.11.2015 and the said amount is being paid by the other partners at the time of settlement today itself before the Mediation Centre.

3) It is further agreed between all the parties that Ms. Neha Wadhwa has already been given goods of the firms valued at Rs.4,35,000/- (Rupees Four Lac Thirty Five Thousand Only), which she will retain and the machine (Forming, Hydraulics, Chiller and Compressor) which has been valued at Rs.2,00,000/- (Rupees Two Lac Only) shall be handed over to her on or before 22.11.2015.

4) It is further settled between all the parties that the other partners shall be entitled to the credit balances of M/s Anwit Packaging (Punjab & Sind Bank, Shalimar Bagh Branch), M/s Visaga Creations (HDFC East Patel Nagar Branch, IGIGI Uttam Nagar Branch) and M/s Arihant Manufacturing CO (Punjab & Sind Bank, Shalimar Bagh Branch) and Ms. Neha Wadhwa will give instructions to the bank to allow operations of the account to the partners other than her in the concerned accounts today itself.

5) It is further agreed between all the parties that Ms. Neha Wadhwa had lodged certain complaints herself and through her brother- in-law to RBL Bank Ltd. and with some other regulatory authorities which she will not be pursuing having caused it to have an early settlement.

6) It is further agreed between all the parties that from 14.10.2015, rent of the premises BK 2/20, Shalimar Bagh, New Delhi- 110088 shall be liability of Ms. Neha Wadhwa.

7) It is further settled between all the parties that certain materials such as mainly handicrafts, garments and daily utility items along with computers, printer and laptop,

shall be delivered by Neha Wadhwa to Mr. Gaurav Kamra (brother of Saurabh Kamra), against receipt thereof.

8) It is further settled between all the parties that certain items are in the custody of Mr. Deepit Wadhwa (brother of Neha Wadhwa) shall be handed over to Gaurav Kamra, brother of Saurabh Kamra today itself against proper receipt.

9) It is further agreed between all the parties that all the aforesaid partnership firms now stands dissolved between Neha Wadhwa and all the partners. However, Ms. Neha shall cooperate in signing respective documents involved in closure, dissolution and Tax related matters. Neha Wadhwa shall have no liability towards any liabilities/creditors/tax dues out of partnership firms of Visaga Creations, Arihant Manufacturing and Anwit Packaging. All the liabilities shall be borne by Saurabh Kamra, Deepanshi Brahmi and Gaurav Mohla.

10) It is further agreed between all the parties that no partner shall do business directly or indirectly which Neha Wadhwa is doing with Britannia Industries.

11) It is further agreed by all the parties that Rs.1,46,880/- (Rupees One Lac Forty Six Thousand Eight Hundred Eighty Only) have already deducted from settlement amount of Rs.5,25,000/- (Rupees Five Lac Twenty Five Thousand Only). So, partners have returned the cheque No.813115 issued by Anwit Enterprises (Mohit Sharma) to Visaga Creations. With this, accounts of Visaga Creations, Anwit Packaging with Anwit Enterprises stands settled.

12) It is further settled among all the parties that all the claim of Neha Wadhwa arising out of partnership- of otherwise stand settled. Ms. Neha Wadhwa shall not file any complaint of any nature whatsoever against any of the partners namely Deepanshu Brahmi, Gaurav Mohla and Saurabh Kamra and the firms Visaga Creations, Anwit Packaging and Arihant Manufacturing Co. and will not rake up any claim against any of the partners namely Deepanshu Brahmi, Gaurav Mohla and Saurabh Kamra and the firms Visaga Creations, Anwit Packaging and Arihant Manufacturing Co. of any nature whatsoever. Similarly, no firm and no other partner shall left with any claim against Ms. Neha Wadhwa in connection with the partnership0 businesses and will not file any complaint against Neha Wadhwa. Ms. Neha Wadhwa shall be free to deal with Britannia Industries in any manner she will like and for any business. The other partners shall not interfere with her dealing with Britannia Industries.

13) It has been further agreed between all the parties that the complainant shall cooperate the accused persons in compounding/quashing of the present FIR after the completion of terms of the present settlement. Petition for quashing of FIR shall be filed by the accused persons before the Hon'ble High Court of Delhi on or before 21.12.2015.

14) The complainant shall not oppose the bail application of the applicants before the Ld. Referral Court.

15) In terms of the present settlement there shall remain no dispute between the parties qua the present cause of action.

16) After compliance of terms of present settlement and in view of the Clause 3 of 'Deed of Dissolution' dated 20.11.2015, the complainant Ms. Neha Wadhwa shall not be liable in any manner.

The parties have settled the present matter without any fear, force, coercion, threat, undue influence or extraneous consideration from any quarter concerned. The parties have undertaken to remain bound by the terms and conditions of the settlement."

4. Pursuant to the aforesaid settlement agreement, the subject goods have

already been received back by the complainant in addition to a sum of

Rs.3,78,000/- (Rupees Three Lakh Seventy Eight Thousand Only) as

compensation for the damages.

5. The complainant/respondent No.2, who is present in person and has

been duly identified by IO ASI Hari Prashad, Police Station- DIU/NW, states

that in view of the afore-stated amicable resolution, she is no longer keen to

proceed with the subject FIR and the proceedings arising therefrom.

6. In the present case, it is observed that the offences 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)