Delhi High Court
Navdeep Passi vs The State (Govt Of Nct Of Delhi) & ... on 31 May, 2016
#37
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 31.05.2016
W.P.(CRL) 1764/2016
NAVDEEP PASSI ..... Petitioner
Through: Mr. H.S. Dhillon, Advocate
versus
THE STATE (GOVT OF NCT OF DELHI)
& ANR ..... Respondents
Through: Mr. Rajesh Mahajan and Ms. Richa
Kapoor, ASC (Criminal) with Ms.
Parul Jamwal, Advocate with SI
Mukesh Yadav, PS- Barakhamba
Road for R-1
Mr. Chaman Lal, Advocate for R-2
along with R-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.27/2015, under Sections 420/468/471 IPC,
registered at Police Station- Barakhamba Road, Delhi and the proceedings
arising therefrom.
2. The subject FIR came to be registered on an allegation made by
Rachna Passi @ Rachna Pawar, respondent No.2/complainant herein, sister
of Navdeep Passi, the petitioner herein, to the effect that the latter had
misrepresented to the Government authorities in relation to receipt of retiral
benefits of their late father and had mis-appropriated the entire proceeds, 10
years ago.
3. Counsel appearing on behalf of the petitioner as well as counsel
appearing on behalf of the complainant/respondent No.2 state that the parties
have settled their disputes amicably out of which the subject FIR has been
registered with the assistance of Delhi High Court Mediation and
Conciliation Centre. The salient terms and conditions of the amicable
resolution of the disputes between the parties are enshrined in the settlement
agreement dated 02.11.2015 annexed as Annexure P-2 to the present
petition. The salient terms and conditions of the compromise deed dated
02.11.2015 are as follows:-
"a) That the first party shall pay a sum of
Rs.4,00,000/- (Rupees Four Lakhs only)
towards full and final settlement to the
second party.
b) That above mentioned amount shall be paid
in the following manner:-
i) The first party shall hand over a
demand draft of Rs.2,00,000/-
(Rupees Two Lakhs only) bearing
No.429436, drawn on Oriental Bank
of Commerce dated 02.11.2015 in the
Mediation & Conciliation Centre at
the time of signing of this present
settlement agreement.
ii) That the first party shall pay an
amount of Rs.1,00,000/- (Rupees One
Lakh only) by way of demand draft in
favour of second party in the first
week of December, 2015 before the
Ld. MM concerned at the time of
withdrawal of the complaint filed by
the second party.
iii) That the first party shall pay
remaining amount of Rs.1,00,000/-
(Rupees One Lakh only) by way of
demand draft in favour of the second
party in the first week of January,
2016 before the Hon'ble High Court
at the time of quashing of aforesaid
FIR in the presence of the Hon'ble
Delhi High Court.
iv) That the second party shall cooperate
with the first party at the time of
quashing of the FIR and shall give her
statement in the Court to this effect."
4. Pursuant to the afore-stated compromise deed dated 02.11.2015,
counsel appearing on behalf of Rachna Passi @ Rachna Pawar, respondent
No.2/complainant herein, states that a sum of Rs.3,00,000/- (Rupees Three
Lakhs only) has already been received by the respondent No.2/complainant.
The balance sum of Rs.1,00,000/- has been brought to the Court in the shape
of a demand draft bearing No.023202 dated 25.04.2016, drawn on HDFC
Bank, I.P. Extension, Patparganj, Delhi branch in favour of respondent
No.2/complainant has been handed over to the latter who acknowledges
receipt thereof, subject to its encashment.
5. In view of the foregoing, counsel appearing on behalf of the petitioner
submits that the subject FIR and the proceedings arising therefrom be
quashed. The respondent No.2 Rachna Passi @ Rachna Pawar, the
complainant herein, who is present in person in Court today and has been
identified by the IO in the subject FIR, namely, SI Mukesh Yadav, Police
Station- Barakhamba Road, supports this submission made on behalf of
counsel for the petitioner. The settlement arrived at between the parties is
lawful and is hereby accepted while directing the parties thereof to comply
with the terms and conditions of the compromise deed dated 02.11.2015
without demur.
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)
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.
7. In view of the foregoing, since the dispute that led to the registration
of the subject FIR, which arose out of the misappropriation of retiral benefits
of the father of the parties, 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.
8. Resultantly, the FIR No.27/2015, under Sections 420/468/471 IPC,
registered at Police Station- Barakhamba Road, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioner subject
to the petitioner depositing a sum of Rs.10,000/- (Rupees Ten 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.
9. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 31, 2016
dn
