Delhi High Court
Anil Goel And Ors vs State And Ors on 7 July, 2023
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.07.2023
+ W.P.(CRL) 1886/2023
ANIL GOEL AND ORS ..... Petitioner
versus
STATE AND ORS ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Ravindra Narayan, Mr. Ashwani
Tyagi and Mr. Abhishek Sharma,
Advocates alongwith petitioners.
For the Respondent : Ms. Rupali Bandhopadhya, ASC for
with Mr. Akshay Kumar and Mr.
Abhijeet Kumar, Advocates and
Inspector Kishan Vir Singh, P.S. EOW.
Mr. Sunil Kumar, Mr. Hansraj and Mr.
Surender Kumar, Advocates for R-2 to
4 alongwith Authorized Representative
Mr. Bir Singh Pundir.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. This is a writ petition under Article 226 of the Constitution of
India read with Section 482 of the Cr.P.C., 1973 for issuance of writ of
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Certiorari for quashing the FIR No. 227/2019 under Sections
406/420/120-B of Indian Penal Code, 1860 (for short "IPC") registered
at Police Station EOW, Delhi on the basis that the disputes have been
settled, inter se, the petitioners on one hand and respondent nos. 2 to 4
on the other.
2. The settlement terms have been reduced in writing in a registered
'Receipt Patras' dated 30.11.2018 and 11.04.2023.
3. Learned counsel for the petitioners as also learned counsel for
respondent nos. 2 to 4 jointly submit that the entire claim amount has
been made good by the petitioners to respondent nos.2 to 4 and the same
are reflected in both the 'Receipt Patras', which are registered and are
placed on record.
4. The IO is present in person and identifies the parties.
5. The affidavit in support of the settlement agreement (Receipt
Patras) dated 30.11.2018 and 11.04.2023 are also appended to the
present petition.
6. The petitioners as also respondent nos. 2 to 4 submit that the
entire dispute has been settled and the settlement terms of the agreement
have already been worked out and no further disputes are pending.
7. Respondent nos. 2 to 4 are represented through their Authorized
Representative, whose Letter of Authority by way of Board Resolution
passed by three respondents is recorded at page-56, 58 and 60. The
same are taken on record.
8. The Authorized Representative, who is present before this Court,
submits that he has been instructed to state that there is no other pending
claim remaining after the settlement agreement in terms of the Receipt
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Patras that have been executed. The respondent nos. 2 to 4 are satisfied
with the aforesaid settlement agreement and they have no objection
whatsoever in case the pending FIR is quashed.
9. The parties are bound by the terms of the settlement.
10. In view of the aforesaid, as also in view of the judgment of
'Harmanpreet Singh Ahluwalia & Ors. Vs. State of Punjab & Ors'
reported as (2009)7 SCC 712 this Court finds no reason why the FIR in
question cannot be quashed, particularly when the amounts involving
private parties have been made good by the defaulting party.
11. No purpose would be served in continuing with the present FIR.
As such, in view of the aforesaid observations as also the settlement
agreement in the nature of Receipt Patras dated 30.11.2018 and
11.04.2023, FIR No. 227/2019 under Sections 406/420/120-B of IPC
registered at Police Station EOW, Delhi stands quashed.
12. However, as a measure of goodwill and as a good Samaritan
seeking atonement of the acts, the petitioners are directed to plant 100
trees and/or deposit an equivalent amount with Deputy Conservator of
Forest, Delhi in an area which is suitable for such purposes. The same
may be done in a following manner:-
(a) The petitioners will plant 100 trees each of indigenous
variety, in consultation with the Investigating Officer, who shall
get in touch with the concerned Horticulture Department of the
MCD and indicate the area, where the trees are to be planted. The
trees need not be in one cluster but can be in parks, boundary
walls, etc, wherever the concerned department deems it fit and
proper. Each tree shall have a minimum of three years nursery age
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and a minimum trunk height of 10 feet.
(b) The above planting of trees shall be completed within a
period of four weeks from today.
(c) The Investigating Officer concerned shall be in touch with
the petitioners and ensure that the petitioners do the needful
within the time fixed above.
(d) After the initial planting of trees, the parties shall file a
compliance report. The monthly report of the progress and the
status of such plants alongwith the photographs be filed before
this Court for the next six months.
13. The petition is disposed of in above terms.
TUSHAR RAO GEDELA, J.
JULY 07, 2023
Aj
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Signing Date:12.07.2023
13:01:47
