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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5222/2023
PROPLARITY INFRATECH PVT. LTD. & ORS. ..... Petitioners
Through: Mr. Sandeep Sharma with Mr. Kamal
Kapoor, Advocates.
versus
STATE & ANR. ..... Respondents
Through: Mr. Laksh Khanna, APP for State.
Mr. Yogendra Kumar, Advocate for
R-2.
SI Kuldeep, PS Model Town.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 31.01.2024
1. The present petition has been filed under Section 482 Cr.P.C. seeking
quashing of FIR No.396/2017 registered under Sections 406/420/120B IPC at
P.S. Model Town, Delhi on the ground that the parties have amicably settled
their disputes.
2. Mr. Sandeep Sharma, learned counsel appearing for the petitioner
states that the undersigned had appeared for one of the parties. However, he
prays that by virtue of the present petition, the parties seek quashing on the
basis of a settlement arrived at between the parties in Mediation Centre and
none of the parties have any objection.
3. Learned counsel appearing for respondent no.2 affirms that the entire
settlement amount has been received and considering the aspect that the
matter is only seeking quashing on the basis of settlement.
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4. The allegations in the present FIR relate to fraud and forgery in the real
estate business.
5. Learned APP for the State submits that in the present case the
petitioners are the only accused persons and respondent No.2 is the only
complainant/victim. He states that the charge sheet has been filed.
6. Learned counsel for the petitioner submits that the parties, have entered
into a settlement vide Settlement Agreement dated 21.08.2020. In terms of the
settlement, respondent No.2 is now left with no claim whatsoever against the
present petitioners.
7. The petitioners and respondent no.2, who are present in the Court, have
been identified by their respective counsels and the Investigating Officer.
8. Respondent No.2 states that he has entered into the aforesaid Settlement
Agreement out of his own free will, volition and without any coercion. He
further states that he has no objection if the present FIR and consequent
proceedings are quashed.
9. Learned counsel for the petitioners submits that no other proceedings
are pending between the parties.
10. The parties shall remain bound by the statements made in Court today.
11. In Parbatbhai Aahir and Others v. State of Gujarat and Another reported
as (2017) 9 SCC 641, it has been held as under:-
“16. The broad principles which emerge from the precedents on
the subject, may be summarised in the following propositions:
xxx
16.7. As distinguished from serious offences, there may be
criminal cases which have an overwhelming or predominant
element of a civil dispute. They stand on a distinct footing in so
far as the exercise of the inherent power to quash is concerned;
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16.8. Criminal cases involving offences which arise from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in appropriate
situations fall for quashing where parties have settled the
dispute;
16.9. In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the disputants,
the possibility of a conviction is remote and the continuation of
a criminal proceeding would cause oppression and prejudice;
and…”
12. Similarly, in State of Madhya Pradesh v. Laxmi Narayan and Others
reported as (2019) 5 SCC 403, it has been held as under:-
“15. Considering the law on the point and the other decisions of
this Court on the point, referred to hereinabove, it is observed
and held as under:
15.1. That the power conferred Under Section 482 of the Code
to quash the criminal proceedings for the non-compoundable
offences Under Section 320 of the Code can be exercised having
overwhelmingly and predominantly the civil character,
particularly those arising out of commercial transactions or
arising out of matrimonial relationship or family disputes and
when the parties have resolved the entire dispute amongst
themselves;”
13. In view of the above facts and since no useful purpose will be served
in continuance of the present criminal proceedings, it is directed that the
aforesaid FIR and the consequent proceedings arising therefrom are hereby
quashed, subject to payment of costs of Rs.25,000/- by each petitioner to be
deposited with Delhi High Court Bar Association Sports Club (A/c
No.15530110006412) within a period of four weeks from today.
14. Proof evidencing receipt of deposit shall be filed with the Investigating
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Officer as well as in Court.
15. With the above directions, the petition is disposed of.
16. Let a copy of this order be communicated to the Member Secretary,
Delhi State Legal Services Authority for information.
17. The Registry shall list the matter before this Court in case receipt of
costs to be paid by the petitioners is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J
JANUARY 31, 2024/hs
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 13/12/2024 at 14:29:36