Sh. Mukesh Pal & Anr. v. The State (NCT of Delhi) & Anr.
Delhi High Court·05 Sep 2023·2023:DHC:7068
Dinesh Kumar Sharma
CRL.M.C. 6268/2022
2023:DHC:7068
criminalpetition_allowed
AI Summary
The Delhi High Court quashed a criminal FIR under multiple IPC sections based on an amicable settlement between parties, exercising its inherent jurisdiction under Section 482 CrPC.
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Translation output
CRL.M.C. 6268/2022 HIGH COURT OF DELHI CRL.M.C. 6268/2022 SH. MUKESH PAL & ANR. ..... Petitioners Through: Mr. Satish Kumar Tomar, Adv. with petitioners.
VERSUS
THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Amit Sahni, APP and SI Thabar M., PS Chhawala and SI Meena Kumari, PS Dabri. Mr. Aman Gaur, Adv. with R-2. Date of Decision: 05.09.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
1. The present petition has been filed seeking quashing of case FIR NO. 539/2018 under Sections 452/323/354/354B/427/506/509/34 IPC registered at PS Dabri, Dwarka Delhi.
2. The present FIR was lodged on the statement of respondent No.2 W/o sh. Pawan Kumar alleging therein that on 06.10.2018 at around 11:00 a.m. while she was on her terrace, she heard some noises. On hearing the noise, she came downstairs and found that petitioner Mukesh forcibly had entered her room after opening the door. He started abusing and molesting and tearing out the clothes of the complainant. In the meantime, Devender and his accomplice also reached there and joined the accused Mukesh and started abusing the complainant and her family. They all went to the tenants / Surjeet and Raj Kumar Shrivastav told them to vacate the house and started abusing and beating them. The tenants Surjit and Ram Kumar Srivastava were also dragged down and their articles were also broken. The complainant alleged that the articles lying in their house were also broken down and there was damage of around 12 to 13 lacs rupees.
3. However, after the investigation, the charge sheet was filed against the present petitioners.
4. However, now the parties have entered into a settlement on the following terms and conditions:
“4. After mutual discussions, both the parties have
voluntarily, peacefully and amicably settled all their
disputes without any coercion, pressure, undue influence,
force, misrepresentation or mistake, with respect to the
present suit as well as abovementioned connected case
with respect to the offences u/s 323/506/509 IPC only, on
the following terms and conditions :-
a) The defendant no. 2 has agreed to sell his share of 50% in the suit property to the plaintiffs or their assigr.ee/nominee for a total sum of Rs. 1,00,00,000/- (one crore only). Out of which Rs. 10,00.000/- (Rupees ten lacs only) has been paid by Sh. Ayush Kumar, son of plaintiff no. 2 to the defendant no. 2 by way of RTGS. Defendent no. 2 acknowledges the same. Balance settlement amount of Rs. 90,,00,000/- (ninety lacs only) shall be paid by the plaintiffs to the defendant no. 2 within three months from today i.e. 30.07.2022.
b) The defendants shall cooperate the plaintiffs in all the formalities before the bank, by producing the original documents, as and when required. c) The defendant no. 2 shall execute the registered sale deed on receipt of the loan sanctioned letter issued by the loan sanctioning authority in favour of the plaintiffs. d) After execution of the registered sale deed the plaintiffs shall deposit the same with the loan sanctioning authority and thereafter, the loan amount sanctioned cheque shall be released by the loan sanctioning authority to the defendant no. 2 Sh. Mukesh Pal. e) The defendants shall handover the peaceful and vacant possession of their share which is under their occupation of the suit property alongwith the entire chain of documents on the receipt of the total sale consideration amount. f) After execution of the sale deed and upon receipt of the total sale consideration amount, the defendants and their family members had left no right, title or interest in the suit property of any nature. g) The defendants shall clear all their dues/taxes towards MCD, electricity and water with respect to the suit property of their share upto the period of execution of sale deed. h) In case the plaintiffs falls to pay the balance sale consideration of Rs. 90,00,000/- (ninety lacs only) within three months, then the amount already paid shall be forfeited. i) In case the defendants fails to execute the sale deed within 3 months they they shall be liable to pay double of the amoutn already received L.e. Rs. 20,00,000/- (Rupees twenty lacs only). J) The plaintiffs shall move appropriate petition for quashing of abovesaid 539/18, P.S. Dabri, U/s 452/323/354/354D/427/506/509/34 IPC before the Hon'ble High Court of Delhi, which shall be filed within one month from the execution of the sale deed. Smt. Baby, complainant undertakes to appear before the Hon'ble High Court of Delhi and cooperate in the said proceedings. g) The plaintiff shall withdraw the present suit before the Ld. Referral Court within fifteen days after execution of sale deed and handing over the peaceful vacant possession alongwith the chain of documents of the suit property.
5. As the present settlement has been arrived through the process of mediation, the plaintiff is entitled to refund of the court fee in terms of Section 16 of the Court Fee Act,
1870.
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6. Both the parties undertake that they shall abide by the terms and conditions of this settlement.
7. In case any party falls to perform their part of settlement, the other party shall be at liberty to take action as per law.
8. By signing this settlement, all the parties state that they have no further dispute against each other in respect of the present suit as well as abovementioned connected case and all the disputes and differences in this regard have been amicably settled by them during the mediation.
9. The contents of the settlement have been explained to both the parties in vernacular and they have understood the same. Both the parties undertake that they have consented and signed the above settlement after going through and understanding its contents and they have settled the dispute between themselves of their own will and without any coercion, pressure, undue influence, force, misrepresentation or mistake from any quarter.”
5. IO states that there is no other criminal case against the petitioner. Both parties state that they have entered into the settlement voluntarily without any fear, force or coercion.
6. Section 482 Cr.P.C. pre-supposes three circumstances under which the inherent jurisdiction may be exercised, i.e., (i) to give effect to an order
(ii) to prevent the abuse of the process of court and (iii) to otherwise secure the ends of justice. The court while exercising the power under Section 482 Cr.P.C. does not function as a court of appeal or revision. The powers under Section 482 Cr.P.C., are of wide plenitude but have to be exercised sparingly with caution and only in the event when aforesaid three conditions are satisfied. The object behind the exercise of such power should be to do real and substantial justice for the administration of which the courts exist.
7. Since the parties have reached on a settlement, it has been repeatedly held by the Hon’ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.
8. I consider that there would be no purpose in continuing with the proceedings. The parties have amicably settled the matter. In view of the above-stated facts and circumstances, FIR No. No. 539/2018 under Sections 452/323/354/354B/427/506/509/34 IPC registered at PS Dabri, Dwarka Delhi and all the other proceedings emanating therefrom are Quashed.
9. The present petition stands disposed of.
DINESH KUMAR SHARMA, J SEPTEMBER 5, 2023
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