Delhi High Court
Deepak Kapil & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 16 October, 2018
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:16.10.2018
+ CRL.M.C. 5088/2018
DEEPAK KAPIL & ORS ..... Petitioners
Through
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through
Advocates who appeared in this case:
For the Petitioners : Mr. M.A. Niyazi with Mr. Manish
Kumar, Advocates.
For the Respondent : Mr. Kamal Kumar Ghai, APP for the
State.
Mr. Brij Kishore Prasad, Advocate for
respondent No.2.
SI Parveen Badaru, EOW.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.33589/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5088/2018
1. Petitioners seek quashing of FIR No.73/2017, under Sections
420/406 IPC, Police Station Economic Wing, based on a settlement.
2. Subject FIR was registered on a complaint by Smt. Ved Kapil
contending that she had invested money with a company of which
petitioner No.1, who is her relative was one of the Directors. She had
alleged that she has invested Rs.40 lakhs in the project. Since money
was not returned, subject FIR was registered.
3. Learned counsel for the parties submit that parties have settled
their disputes and a Settlement Deed dated 01.12.2017 has been
executed. As per the settlement, the petitioners had agreed to pay a sum
of Rs.55 lakhs in full and final settlement of all claims of the
complainant. Said amount is stated to have been paid.
4. Learned counsel for the respondent submits that Smt. Ved Prakash
has expired on 06.01.2018 leaving behind only three daughters, her
husband having predeceased. Respondent No.2(i) is one of the legal
heirs, who has also executed the settlement agreement with the
petitioners as her attorney. She has also filed her affidavit enclosing
therewith the acknowledgment of other two sisters certifying that entire
money has been received and has been distributed between the family.
5. Mrs. Namita Bhatia daughter of Smt. Ved Kapil is present in
Court in person. She submits that her mother Smt. Ved Kapil has settled
with the petitioner and neither her sisters nor she has any objection to the
quashing of the subject FIR.
6. In view of the fact that parties have resolved their disputes, and
the entire settlement amount has been paid, continuation of criminal
proceedings will be an exercise in futility and justice in the case
demands that the dispute between the parties is put to an end and
peace is restored; securing the ends of justice being the ultimate
guiding factor. It would be expedient to quash the subject FIR and the
consequent proceedings emanating therefrom.
7. In view of the above, the petition is allowed. FIR No.73/2017,
under Sections 420/406 IPC, Police Station Economic Wing and the
consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
OCTOBER 16, 2018 SANJEEV SACHDEVA, J
st
