Vinay Mehta v. State & Anr

1. The present writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India read with Section 482 Cr.PC praying inter a/ia for quashing of FIR No.382/2011 lodged at the instance of the respondent No.2/complainant under Section 420 IPC at Police Station: Prashant Vihar.

2. Counsel for the petitioner states that the dispute between the petitioner/accused and the respondent No.2/comp!ainant was for refund of commission to the tune of Z21 lacs paid by the respondent W.P.(CRL) 191/2013 2013:DHC:8067 No.2/complainant to the petitioner for getting a loan sanctioned from a finance company. It is the case of the respondent No-2 that as the petitioner had failed to get the loan sanctioned, he had issued a cheque of Z20 lacs in his favour to return the commission taken, but when the said cheque was presented for encashment by the respondent No.2/complainant, the same was returned as dishonoured.

3. Counsel for the petitioner states that apart from the FIR lodged on the complaint of the respondent No.2/complainant, the latter had also instituted a civil suit under Order XXXVII CPC for seeking recovery of Z20 lacs and during the pendency of the proceedings initiated by the respondent No.2/complainant under Section 138 of the Negotiable Instruments Act, the parties were referred to the Mediation Centre, Tis Hazari Court.

4. During the mediation proceedings, the petitioner had agreed to pay a sum of 731 lacs to the respondent No.2/complainant in full and final settlement of all his claims, subject matter of the aforesaid dispute. In support of the aforesaid submission, counsel for the petitioner draws the attention of the Court to the proceedings recorded before the Mediation Centre, Tis Hazari Court on 01.03.2012 (Annexure B) and submits that out of the agreed amount of T31 lacs, his client has already paid a sum of Z24 lacs to the respondent No.2/complainant before the learned MM in the proceedings under Section 138 of the Negotiable Instruments Act and now the balance sum of Z[7] lacs is handed over by way of draft bearing No.685299 dated 08.07.2013 drawn on Yes Bank Ltd., Worli, Mumbai Branch, which is duly accepted by the respondent No.2/complainant through counsel.

5. Counsel for the State submits that the present case is still at the stage of investigation and if the Court is inclined to allow the present petition, then the State does not have any objection.

6. In view of the fact that the dispute between the parties is mainly civil in nature and now the petitioner has paid back to the respondent No.1 an amount that is much more than the amount that received by him and the respondent No.2/complainant has accepted the aforesaid amount in full and final settlement of all his claims against the • petitioner in terms of the settlement arrived at between the parties through mediation, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

7. Accordingly, the present petition is allowed. FIR No.382/2011 lodged by the respondent No.2/complainant with Police Station: Ii Prashant Vihar and all the proceedings arising therefrom are quashed.

8. The petition is disposed of. HIMA KOHLI, 3 SEPTEMBER 13, 2013 rkb/sk.