Delhi High Court
Gaurav Mehra vs State & Anr on 11 March, 2016
#38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11th March, 2016
+ W.P.(CRL) 806/2016 and Crl. MA No. 4408/2016
GAURAV MEHRA ..... Petitioner
Through Mr. Rahul Sharma, Advocate along
with petitioner
versus
STATE & ANR ..... Respondents
Through Mr. Sanjay Lao, ASC (Crl.) with
Mr. Siddharth Sandhu, Advocate
SI Pawan Kumar, PS Hauz Khas
Respondent no. 2/complainant
in-person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 4408/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 806/2016
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. 1317/2015, under Section 380 IPC registered at Police
Station- Hauz Khas, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered against the petitioner herein as a
consequence of a dispute between the respondent no. 2/complainant
(landlord) and the petitioner (tenant). The dispute centres around the
payment of rent.
3. Counsel for the parties state that with the intervention of the common
friends, the parties have arrived at an amicable settlement of all their
outstanding disputes by way of a Settlement Deed dated 3rd March, 2015.
The salient terms and conditions of the said Settlement Deed are as follows:-
"1. That in lieu of all claims whatsoever of the first party
in respect to the said premises and subject matter of the
aforesaid FIR, the second party has agreed to pay a lump
sum amount of Rs. 3,00,000/- (Rupees Three lakhs only) in
total to the first party.
2. That, out of the aforesaid Rs. 3,00,000/- (Rupees Three
Lakhs only), a sum of Rs. 2,00,000/- (Rupees Two Lakhs
only) is being paid by the second party to the first party at
the time of signing of this settlement deed as per the
following demand drafts:-
Date Draft No. Issuing Bank Amount
Name & Branch
02.03.16 462437 Yes Bank Andheri 50000/-
(West)
02.03.16 543091 Yes Bank Andheri 75000/-
(West)
02.03.16 543092 Yes Bank Andheri 75000/-
(West)
3. That, after the payment of the aforementioned amount
of Rs. 2,00,000/- (Rupees Two Lakhs only) by the second
party to the first party, it has bee agreed by the first party,
that they shall not pursue the FIR No. 1317/2015 registered
at Police Station Hauz Khas, Delhi under Section 380 IPC
and agree to cooperate with the second party in quashing of
the aforesaid FIR by signing the quashing petition as well
as by personally appearing before the Hon'ble High Court
of Delhi for the said purpose.
4. That, it is hereby agreed that after the payment of the
aforementioned amount of Rs. 3,00,000/- (Rupees Three
Lakhs only) by the second party to the first party, the first
party and second party shall be left with no claims
whatsoever against each other including claims towards
air-conditioners as mentioned in the FIR, arrears of rent,
electricity charges and payment to RWA if any, or any
other claim of any nature whatsoever.
5. That, the remaining amount of Rs. 1,00,000/- (Rupees
One Lakh only) shall be paid in cash by the second party to
the first party, simultaneously the first party shall return all
unpaid cheques issued by the second party, whether
presented already or yet to be presented at the time of
quashing of the FIR before the Hon'ble High Court of
Delhi. It is clearly agreed that both the parties herein
including the first party and the second party shall be left
with no claims, whatsoever arising/pertaining to the
tenancy agreement or this settlement. That, in case there is
any default/defect/delay in making the payments by the
second party to the first party for the total amount of Rs.
3,00,000/- (Rupees Three Lakhs only) as narrated in paras
above, this settlement deed shall be infructuous and stand
withdrawn/cancelled.
6. That, the first party and the second party by this
agreement has agreed to withdraw or quash all complaints
filed before the police or cases before any of the courts
instituted by any one or all of the second party which they
or by their agents has filed against the first party in respect
of the premises 301/6, Kaushalya Park, Hauz Khas, New
Delhi-110016 and undertake not to pursue their complaints
or cases any further. The first party and the second party
also undertake to withdraw all complaints and cases which
are not in the knowledge of the first party and/or the
second party against each other.
7. That, none of the parties herein have initiated/filed any
proceedings before any court of law on account of cheques
issued/lost/unpaid by and in case any such proceedings are
pending, the same shall be withdrawn by the concerned
party within one week from the date of signing of this
settlement.
8. That, it is further agreed, that after quashing of the
afore-said FIR and payment of an amount of Rs. 3,00,000/-
(Rupees Three Lakhs only) no party to this settlement shall
have any claim of any nature against each other.
9. That, this agreement is being executed in good faith and
shall remain binding upon both the parties herein.
10. That, both the parties have agreed not to initiate any
civil/criminal and/or any other legal proceedings in future
against each other in any court of law in respect of above
mentioned apartment no. 301/6, Kaushalya Park, Hauz
Khas, New Delhi-110016 or otherwise.
11. That, there is no collusion between the parties to this
agreement and the parties herein have entered this
agreement without any undue influence."
4. In a nutshell, it has been agreed by and between the parties that the
respondent no.2/complainant be paid a sum of Rs. 3,00,000/- as full and
final settlement in lieu of his outstanding dispute against the petitioner. Mr.
Vikas Sardana, respondent no.2/complainant acknowledges receipt of the
full amount of Rs. 3,00,000/- in pursuance thereof.
5. Mr. Vikas Sardana - respondent No.2/complainant, who is present in
Court today and has produced his identification documents to the satisfaction
of this Court, 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.
6. 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.
7. In view of the foregoing, since the 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; 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. 1317/2015, under Section 380 IPC registered
at Police Station- Hauz Khas, Delhi and the proceedings arising therefrom
are 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.
9. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 11, 2016
sd
