Satpal Malhotra vs The State Govt Of Nct Of Delhi & Anr
2016 Latest Caselaw 4147 Del

54
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 30th May, 2016

W.P.(CRL) 1743/2016 & CRL.M.A. 9087/2016
SATPAL MALHOTRA                                                  ..... Petitioner
                           Through:     Mr Davinder Kumar, Advocate.


                           versus


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

Through: Ms Neha Dhir, Advocate for Ms Nandita Rao, Addl. Standing Counsel (Crl.) for State.

Mr Praveen Gupta, Advocate for R-2.

SI Mukesh Yadav, PS- Jagat Puri.

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.510/2015, under Sections 419/420/467/468/471

IPC, registered at Police Station- Jagat Puri, Delhi, and the proceedings

arising therefrom.

2. The subject FIR came to be registered on an allegation made by the

complainant, respondent No.2 herein, that Mr Satpal Malhotra, the petitioner

herein, had instituted a civil suit for specific performance of contract in

respect of property bearing No.59, Mausam Vihar, Delhi- 110051, after

forging and fabricating documents in this behalf.

3. Subsequent to the registration of the subject FIR the parties arrived at

an amicable resolution of all their outstanding disputes with the aid and

assistance of the Delhi Mediation Centre, Karkardooma Courts, Delhi. The

salient terms and conditions of the aforesaid amicable resolution as

contained in the proceeding sheet dated 21.04.2016 of the Delhi Mediation

Centre, Karkardoom Courts, Delhi, are as follows:-

"1. It is agreed between the parties that plaintiff Sh.

Satpal Malhotra shall hand over the vacant and peaceful possession of the suit property bearing No.59, First Floor, Mausam Vihar, Delhi-51, to the defendant Sh. Om Prakash Kalra as stated in the subsequent paras of the present settlement.

2. It is agreed between the parties that the plaintiff shall approach the Hon'ble High Court of Delhi for quashing of the above mentioned FIR

No.510/2015, PS Jagat Puri, U/s 419/420/467/468/471 IPC within one month from the date of settlement and the defendant shall cooperate with the plaintiff and make appropriate statement in the Hon'ble High Court of Delhi for quashing.

3. It is agreed between the parties that the plaintiff shall remove all his belongings from the suit property and deposit the keys of the suit premises in the Court of Dr. Hardeep Kaur, Ld. ADJ, KKD Courts, Delhi, on or before 30.04.2016 and the plaintiff has no objection to the release of the keys of the suit property to the defendant after quashing of above mentioned FIR No.510/2015, PS Jagat Puri, U/s 419/420/467/471 IPC.

4. It is agreed between the parties that plaintiff shall withdraw the present suit on or before 30.04.2016.

5. It is agreed between the parties that the defendant shall withdraw the above mentioned suit for possession bearing No.CS No.576/16 from the court of Sh. V.K. Goyal, Ld. ADJ, KKD Courts, Delhi on 27.04.2016.

6. It is agreed between the parties the plaintiff may get refund of court fees as per law.

7. It is agreed between the parties that the settlement has been read over to the parties in vernacular and has been fully understood by signing the same.

8. It is agreed between the parties that the above-

said settlement has be en arrived at between

the parties voluntarily and without any duress, pressure or coercion etc.

9. It is agreed between the parties that they shall remain bound by the terms and conditions of this settlement."

4. Counsel appearing on behalf of the parties submit that pursuant to the

afore-stated settlement the suit for possession bearing CS No.576/2016 filed

by the respondent No.2 has been withdrawn unconditionally. The petitioner

undertakes that he will co-operate with Mr Om Prakash Kalra, the

respondent No.2 herein, in handing over the vacant and peaceful possession

of the above mentioned property being 59, Mausam Vihar, Delhi- 110051.

5. 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)

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.

6. In view of the foregoing, since the dispute that led to the registration

of the subject FIR, which arose out of the ownership of the subject property,

has been settled 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.

7. Resultantly, the FIR No.510/2015, under Sections

419/420/467/468/471 IPC, registered at Police Station- Jagat Puri, Delhi, and

the proceedings arising therefrom are hereby set aside and quashed qua the

petitioner subject to his depositing a sum of Rs.50,000/- (Rupees Fifty

Thousand) with the Victims' Compensation Fund within a period of four

weeks from today. A copy of the receipt thereof shall be provided to the

Investigating Officer in the subject FIR.

8. With the above directions the writ petition is allowed and disposed of

accordingly.

9. Dasti.

SIDDHARTH MRIDUL, J MAY 30, 2016 mk