Delhi High Court
Shyam Sunder Sharma & Anr. vs State & Anr. on 27 May, 2016
#44
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27.05.2016
W.P.(CRL) 1697/2016
SHYAM SUNDER SHARMA & ANR. ..... Petitioners
Through: Mr. Jaideep Malik, Advocate
versus
STATE & ANR. ..... Respondents
Through: Mr. Sanjay Lao, ASC (Criminal) with
SI Vikas, PS- Baba Haridas Nagar for
R-1
Ms. Neha, Advocate for R-2 along
with R-2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.8857/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 1697/2016
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 (Cr.P.C.)
seeking quashing of FIR No.164/2011, under Sections 420/34 IPC,
registered at Police Station- Baba Haridas Nagar, Delhi and the proceedings
arising therefrom.
2. The subject FIR came to be registered on a complaint instituted by
respondent No.2/complainant Bimlesh Sharma against the petitioners, on an
allegation that they had cheated her during the course of a commercial
transaction for the purchase of an immovable property.
3. Notice.
4. Mr. Sanjay Lao, learned Additional Standing Counsel (Criminal)
accepts notice on behalf of respondent No.1. Ms. Neha, learned counsel
accepts notice on behalf of respondent No.2/complainant.
5. Mr. Sanjay Lao, learned Additional Standing Counsel (Criminal)
appearing on behalf of the official respondent states that the only allegation
that has been levelled in the subject FIR, is for the offence of cheating. Mr.
Lao further states that charge sheet in the subject FIR has not yet been filed.
6. Counsel appearing on behalf of the petitioners as well as counsel
appearing on behalf of the complainant/respondent No.2 Bimlesh Sharma,
state that the parties have settled their disputes amicably, out of which the
subject FIR has been registered, with the assistance of common friends and
relatives. The salient terms and conditions of the amicable resolution of the
disputes between the parties are enshrined in a settlement deed dated
11.05.206 annexed as Annexure P-3 to this petition. The salient terms and
conditions of the settlement deed dated 16.05.2016 are as follows:-
1. "That the first party has paid a sum of
Rs.9,00,000/- (Rupees Nine Lakh Only) to the
second party against the full and final settlement of
all the disputes till today i.e. the date of this
settlement deed. Out of the above said total
settlement amount, the first party has paid a sum of
Rs.2,00,000/- (Rupees Two Lakh Only) in cash on
09.11.2011 to the second party and the balance of
Rs.7,00,000/- (Rupees Seven Lakh Only) has been
paid by the first party to the second party through
Demand Draft bearing no.002048 dated
14.02.2012 drawn on HDFC Bank Ltd., South
Patel Nagar Branch, New Delhi-110018.
2. That the second party shall withdraw all the cases
filed by her against the first party in the courts
what so ever and will also cooperate to quash the
above said FIR in the Hon'ble High Court of Delhi
at New Delhi or the other competent court of law.
3. That after receiving the above said payment from
the first party the second party have nothing due
towards the first party.
4. That the second party will also cooperate with the
first party to file the application for compounding
the offence before the competent court in the FIR
mentioned above and shall get the FIR quashed by
making favourable statement in Hon'ble High
Court of Delhi at New Delhi.
5. That the second party undertakes that with the
receiving of the payment all disputes/claims are
satisfied and she shall not claim anything in future
from the first party.
6. That both the parties undertake to abide by terms
and conditions of the present Settlement Deed and
in case any party violates any condition the other
party shall be competent to take a legal action
against the defaulting party before the competent
court of law.
7. That both the parties have signed this Deed with
their free consent, choice, and without any
pressure, coercion or undue influence. "
7. Pursuant to the afore-stated settlement deed dated 16.05.2016, counsel
appearing on behalf of Bimlesh Sharma, respondent No.2/complainant
herein, states that a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) has
already received by the latter, and therefore, she has no grievance left against
the petitioners.
8. Bimlesh Sharma, respondent No.2/complainant, who is present in
person and has been duly identified by IO SI Vikas, Police Station- Baba
Haridas Nagar, 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.
9. 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 offences alleged to have been committed in the
subject FIR are private in nature and do not have a serious impact on society.
10. 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.
11. Consequently, FIR No.164/2011, under Sections 420/34 IPC,
registered at Police Station- Baba Haridas Nagar, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua both the petitioners
subject to their depositing a sum of Rs.10,000/- (Rupees Ten Thousand only)
each with the Victims' Compensation Fund, Government of NCT of Delhi
within a period of four weeks from today. A copy of the receipt thereof shall
be provided to the IO in the subject FIR.
12. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 27, 2016
dn
