Delhi High Court
Dinesh Sharma vs The State And Another on 23 February, 2023
Neutral Citation Number 2023/DHC/001490
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5155/2022
DINESH SHARMA ..... Petitioner
Through: Ms. Tarannum Khan, Advocate.
versus
THE STATE AND ANOTHER ..... Respondent
Through: Mr. Raghuvinder Varma, APP for the
State with SI Ramchandra Nehra, PS
Sadar Bazar.
Mr. Paranjay Chopra, Advocate for
respondent No.2.
% Date of Decision: 23rd February, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. Present petition has been filed seeking quashing of FIR No. 613/2015
under Sections 419/420/468/471 IPC registered at PS Sadar Bazar.
2. Briefly stated facts of the case are that the above-mentioned FIR was
lodged on the statement of the complainant/respondent No.2 Sh. Ganga
Sagar. The parties have a relationship of client and advocate. The FIR was
registered as a result of the quarrel which took place between the parties.
Pursuant to this, chargesheet was also filed.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.03.2023
17:05:24
Neutral Citation Number 2023/DHC/001490
3. Learned counsel for the petitioner submits that the matter has been
settled before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on
01.12.2021.
4. The terms and conditions of the settlement are as follows -
"1. That the JD has taken the undertaken to pay a total
sum of Rs.8,40,000/-(Rupees Eight Lakh Forty
Thousand only) to the DH, in six installments in full
and final settlement of the present execution petition.
2. That the DH has accepted the proposal of the JD. It
has been settled/agreed between the parties that the
aforesaid settlement amount shall be paid by the JD to
DH in six installments as per following schedule:-
Sr. No. Amount in Rupees Date (on
or before)
1 2,00,000/- 03.12.2021
2 1,00,000/- 03.01.2022
3 1,00,000/- 03.02.2022
4 1,00,000/- 03.03.2022
5 1,00,000/- 03.04.2022
6 1,00,000/- 03.05.2022
7 1,40,000/- 03.06.2022
It has been settled/agreed between the parties that the
JD shall pay the aforesaid settlement amount to the DH
by way of Demand-Draft in favour of the DH.
4. That in case of default/delay in payment of
installments, JD shall be liable to pay the same with
interest at the rate of 18% per annum for the delayed
period until the date of actual payment.
5. That on receipt of entire amount in terms of the
decree, DH shall be withdrawing the present execution
petition from Ld. Referral Court as having been fully
satisfied.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.03.2023
17:05:24
Neutral Citation Number 2023/DHC/001490
6. That in view of above commitments between the
parties, the Ld. Concerned court may take the most
lenient view in respect of case under Sec. 468/471 IPC
against the accused. In the event of JD/accused
proposes to file appropriate petition before the Hon'ble
High Court of Delhi urging for quashing the FIR
No.613/2015, Us.419/420/468/471 IPC, PS Sadar
Bazar. DH undertakes to co-operate in said endeavour
of JD by swearing affidavit, appearing before Court and
making statement etc.
7. That the parties have gone through the terms
herein before recorded and have confirmed and verified
the same to be correct and that they are going to sign it
without any threat, pressure, coercion or undue
influence from any quarter. Both sides undertake to
abide by these terms.
5. Respondent No.2 is present in Court and is represented by the counsel
provided by Delhi High Court Legal Services Committee. Petitioner has
been brought on the wheelchair and is suffering from paralysis. Respondent
No.2 is identified by the Investigating Officer. Respondent No.2 states that
he has received the entire amount. Respondent No.2 further states that he
has entered into settlement amicably and voluntarily without any fear, force
and coercion.
6. The High Court is the highest court of the State and is conferred with
the power of control and superintendence over all courts subordinate to it.
Besides Articles 226 and 227, Section 482 CrPC also acknowledges the
inherent power of the high court to secure the ends of justice. In cases
where the offences are not compoundable in nature, the parties on account of
an amicable settlement invoke the inherent power under Section 482 Cr.P.C.
for quashing the proceedings on the plea that continuance thereof would
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.03.2023
17:05:24
Neutral Citation Number 2023/DHC/001490
merely be an abuse of process of law.
7. It has repeatedly been held by the Courts that if the dispute is private
in nature and parties have entered into the settlement at their own free will,
the quashing of the proceedings may be done. However, the Courts have to
satisfy themselves that the settlement so entered into is within the four
corners of the law.
8. Taking into account the totality of facts and circumstances, the case
FIR No. 613/2015 under Sections 419/420/468/471 IPC registered at PS
Sadar Bazar and all the proceedings emanating therefrom are quashed.
9. The present petition stands disposed of.
DINESH KUMAR SHARMA, J
FEBRUARY 23, 2023
st
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:01.03.2023
17:05:24
