Nanda Ballabh Sharma v. State & Anr

1. WP(Crl.)No.1798/2013 has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter a/ia for quashing of FIR No.240/2013, registered under Sections 420/468/471/506/384/120B IPC at PS Karol Bagh, Delhi. WP(CrL) No. 1799/2O13 & WP(Cr/.)No.179812013 2013:DHC:7542 ci

2. WP (Crl.)No.1799/2013 has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter a/ia for quashing of FIR No.218/2013 registered under Sections 420/406 IPC at PS Karol Bagh, Delhi.

3. Counsels for the parties jointly state that after registration of the aforesaid FIRs and during the pendency of the investigation, the parties have arrived at an out of court negotiated settlement in terms whereof, Mr. Harshvardhan Reddy (petitioner in wiri.) No.1799/2013 and respondent No.2 in WP(Crl.)No.1798/2013), has paid a sum of 42,00,000/- to Mr. Nanda Ballabh Sharma (petitioner in WP(Crl.) No. 1798/2013 and respondent No.2 in WP(Crl.)No.1799/2013) in full and final settlement of all his claims, subject matter of FIR No.218/2013.

4. Mr. Nanda Ballabh Sharma, who is present in Court and represented through counsel, confirms the aforesaid position and states that he has received a sum of 42,00,000/- from Mr. Harshvardhan Reddy in full and final settlement of all his claims in respect of vehicle AUDI (A-7) bearing registration N.UK-07-AN-0532 and now he has no objection to the Delhi Police releasing the same in favour of Mr. Harshvardhan Reddy. WP(CrI.) No. 179912013 & WP(Cri. )No. 179812013

5. On the last date of hearing, Mr. Harshvardhan Reddy, who is in custody, was directed to be present in Court by issuing his production warrants. Pursuant thereto, he is present and confirms the fact that his wife, Ms. Nitya Reddy, has entered into a settlement with Mr. Nanda Ballabh Sharma on his instructions and states that he shall abide by the terms and conditions thereof.

6. Mr. Saleem Ahmed, ASC for the State submits that investigation in both the aforesaid FIRs is pending and after registration of FIR No.218/2013, Mr. Harshvardhan Reddy (petitioner in WP(Crl.) No.1799/2013) had been taken into custody. He states that the State has no objection to the prayers made in the present petitions being allowed in view of a comprehensive settlement arrived at between the parties. He, however, submits that in view of the fact that it is on account of Mr. Harshvardhan Reddy (petitioner in WP(Crl.) NO.1799/2013 and respondent No.2 in WP(CrI.) No.1798/2013) that the legal machinery of the State had to be set into motion, which has S resulted in incurring of unnecessary expenditure and wastage of the court's time, certain conditions and costs may be imposed on him.

7. The court has considered the submissions made by the counsels for both the parties as also the learned APP for the State. Having WP(CrI.) No. 1 79912013 & WP(CrI.)No.1798/2013 regard to the fact that the parties have arrived at an out of court settlement of their own free will and volition and without any undue influence or coercion from any quarters and now Mr. Nanda Ballabh Sharma (petitioner in WP (Crl.)No.1798/2013 and respondent No.2 in WP(Crl.) No.1799/2013) is not left with any grievance against Mr. Harshvardhafl Reddy (petitioner in WP(Crl.) No.1799/2013 and respondent No.2 in WP(Crl.) No.1798/2013), this Court is of the opinion that no useful purpose will be served by proceeding further with the aforesaid FIRs and the proceedings arising therefrom.

8. Accordingly, the prayers made in the petitions are allowed. FIR No.240/2013 in WP(Crl.)No.1798/20 13 and FIR No.218/2013 in WP (Cr[1].) No.1799/2013, both registered at PS Karol Bagh, Delhi, and all the proceedings arising therefrom are quashed, subject to the following conditions:-

(i) Mr. Harshvardhan Reddy (petitioner in WP(Crl.)No.1799/2013 and respondent No.2 in WP(Crl.)No.1798/2013) shall file an affidavit tendering an unqualified apology to Mr. Nanda Ballabh Sharma (petitioner in WP(Crl.)No.1798/2013 and respondent No.2 in WP(Crl.)No.1799/2013). He shall additionally undertake therein that he shall maintain good conduct in future and shall WP(CrI.) No. 179912013 & WP(CrL)NO.1798/2O13 not indulge in any such activities as have been mentioned in the subject FIR. The aforesaid affidavit shall be filed within two weeks, with an advance copy to Mr. Nanda Ballabh Sharma as also to the learned APP for the State.

(ii) Mr. Harshvardhan Reddy shall deposit costs of Z[1].00 lac in the following manner:- (a) 20,000/- with the Delhi Police Welfare Society, (b) 20,000I- with Asha Viklang Shaikshik Avam Punarvas Kendra, RZ-D-58, Gali No.4, Mahavir Enclave, New Delhi, (c) 20,000/- with Jeevan Prakash - A Charitable Society, F- 2/215, Sector 16, Rohini, Delhi, and (d) 20,000I- Pahal Trust, D-161, Krishna Park, New Delhi. (e) 20,000/- with the Medecins Sans Frontieres - Doctors without Borders, at AISF Building, First Floor, Near Police Station, Amar Colony, Lajpat Nagar, New Delhi. S (iii) The aforesaid costs shall be deposited within a period of two weeks from today and proof of deposit shall be placed on record with copies furnished to the learned APP for the State. WP(rI.) No. 179912-013 & WP(Cri. )No. 179812013

9. It is made clear that in case Mr. Harshvardhafl Reddy is found indulging in any such offence, subject matter of the aforesaid FIR in future, then the State shall be at liberty to approach the Court for revival of the FIR.

10. The petitions are allowed and disposed of. The petitioner in WP(Crl.)No.1799/201 3 be released from custody forthwith.

11. A copy of this order be given dasti, under the signatures of the HIMA KOHLI,) OCTOBER 31, 2013 sk WP(CrI.) No. 179912013 & WP(CrI.)No. 179812013.