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HIGH COURT OF DELHI
CRL.M.C. 6227/2022
KAMALDEEP SINGH & ANR. ..... Petitioners
Through: Mr. Karan Bhel, Mr. Rohit Kumar & Mr. Neeraj Kumar, Advs. (VC)
CRL.M.C. 6227/2022
KAMALDEEP SINGH & ANR. ..... Petitioners
Through: Mr. Karan Bhel, Mr. Rohit Kumar & Mr. Neeraj Kumar, Advs. (VC)
VERSUS
STATE (GOVT. OF NCT OF DELHI ) AND ORS. ..... Respondents
Through: Mr. Hemant Mehla, APP for State & SI Tarun Rana, SI Seema (Special
Branch), PS Dwarka South Mr. Pathak Rakesh Kaushik & Vikaas
Chauhan, Advs.
Through: Mr. Hemant Mehla, APP for State & SI Tarun Rana, SI Seema (Special
Branch), PS Dwarka South Mr. Pathak Rakesh Kaushik & Vikaas
Chauhan, Advs.
CRL.M.C. 5251/2023
VARUN RATHOR ..... Petitioner
Through: Mr. Karan Bhel, Mr. Rohit Kumar & Mr. Neeraj Kumar, Advs. (VC)
Mr. Pathak Rakesh Kaushik & Mr. Vikaas Chauhan, Advs.
VARUN RATHOR ..... Petitioner
Through: Mr. Karan Bhel, Mr. Rohit Kumar & Mr. Neeraj Kumar, Advs. (VC)
Mr. Pathak Rakesh Kaushik & Mr. Vikaas Chauhan, Advs.
VERSUS
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Hemant Mehla, APP for State & SI Tarun Rana, SI Seema (Special
Branch), PS Dwarka South
Date of Decision: 31.07.2023.
Through: Mr. Hemant Mehla, APP for State & SI Tarun Rana, SI Seema (Special
Branch), PS Dwarka South
Date of Decision: 31.07.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CRL.M.A.s 19944-45/2023 Exemption allowed subject to just exceptions.
Applications stand disposed of.
CRL.M.A.s 19944-45/2023 Exemption allowed subject to just exceptions.
Applications stand disposed of.
CRL.M.A. 17684/2023 in CRL.M.C. 6227/2022
This is an application for early hearing.
There is no ground for early hearing.
The application stands disposed of.
This is an application for early hearing.
There is no ground for early hearing.
The application stands disposed of.
CRL.M.C. 6227/2022&CRL.M.C. 5251/2023
1. The present petitions have been filed seeking quashing of case FIR NO. 390/2020 under Sections 323/354/354(A)/354(B)/506/509/452/34 IPC and FIR No. 562/2020 under Sections 354/354(A)/354(B)/323/341/34 IPC, both registered at PS Dwarka South.
2. Both the parties’ state that it was a family dispute and both the parties are closely related to each other.
3. Learned counsel for the parties submits that now the parties have reached on a comprehensive settlement vide settlement dated 28.01.2021 and it has been placed on record.
4. Both the parties have settled the matter on the following terms and conditions:
“5. It is agreed and declared by all the parties that the properties of various types described in Schedule-I hereunder are the only properties belonging to constituting the joint family properties of the parties of first to seven part (Manjeet Kaur, Gurpreet Kaur, Parminder Kaur, Jasbir Singh, Avinash Kaur Rathor, Harpreet Kaur Kukreja and Kamal Deep Singh) and there are no other properties of any
kind whatsoever and if any property is hereafter found to be standing in the name or names of anyone or more of the parties hereto in the Government or any other official record the same shall be deemed to belong to him or her or them alone and absolutely and the others will not make any claim thereto.
6. And in consideration of the premises and the allotment of the properties to the respective parties hereto in full satisfaction of their respective rights, title and interest claim of demand whatsoever in the said properties more fully described in the MoU hereunder written and allotted by way of settlement as here before mentioned each of the parties hereto do the hereby confirm having released, relinquished and, given up and surrendered all their respective rights, privileges, titles and claim and demands in the properties allotted to the other parties hereto as aforesaid.
7. It is agreed and declared that disputes regarding previous disposal of the property no.6 of Schedulc-1 is condoned in favour of party or the seventh part (Kamal Deep Singh) and other property settlements arc made in pursuance of the same.
8. It is further agreed and declared that property no. 1 of Schedule-I has beenallottcd and equally distributed amongst parties of sixth (Harpreet Kaur Kukreja) and seventh part (Kamal Deep Singh). Each one of them is treated as joint owner and. possession holder of 50 sq. yards ot' the said property.
9. It is further agreed and declared that property no.2 of Schedule-I has been allotted and equally distributed amongst parties of fifth (Avinash Kaur Rathor) and sixth part (Harpreet Kaur Kukreja) has already sold her share in above mentioned property bearing Plots No. 28A and 29B RZ, D-3/A, MahavirVihar, Sector-1, Dwarka, New Delhi- 110045 to Party of fifth part (Avinash Kaur Rathor) and consideration amount for the same has already been paid to the Party of sixth part.
10. It is further agreed and declared that property no.3 and 4 of Schedule-I have been allotted and distributed amongst parties of first (Manjeet Kaur), fifth (AvinashKaurRathor) and seventh part (Kamal Deep Singh) in the following manner. Party of first part (Manjeet Kaur) will be allotted 25 sq. yards and she will be treated as joint owner and possession holder of 25 sq. yards of the said property. Whereas, parties of fifth (Avinash Kaur Rathor) and seventh party (Kamal Deep Singh) will be treated as joint owner and possession holder of 50 sq. yards of the said property. However, party of eighth part (Varun Rathor) would purchase 50 sq. yard from party of seventh part (Kamal Deep Singh) after paying consideration amount of Rs.43,00,000/- (Rupees Forty Three Lakhs only), by giving advance amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) vide cheque no. 000226, drawn on Bank- Punjab and Sindh Bank, Delhi Cantt, dated 25.01.2021 and balance amount of Rs. 32,00,000/- (Rupees Thirty-Two lacs Only) will be transferred through RTGS in the Bank Account of party of seventh party (Kamal Deep Singh) from the account of party of eight part (Varun Rathor), on the same day when all the related property documents of the said property will be executed by the party of Seventh part in favour of party of eight part (Varun Rathor) and would be handed over to him.
11. lt is further agreed and declared that property no.5 of Schcdtde-1 has been allotted and equally distributed amongst parties of fifth (AvinashKaurRathor), sixth (Harpreet Kaur Kukreja) and seventh part (Kamal Deep Singh). Each one of them is treated as joint leasee and possession holder of' the shop. Moreover, parties of seventh part ( Kamal Deep Singh) wants to surrender/sale of his share equally in the name of parties of fifth and sixth part after receiving a total consideration amount of 20 lakh (Twenty lacs only) in two installments. First instalment would be for Rs.[2] Lakh vide cheque no 000228 drawn on Punjab and Sindh Bank, Delhi Cantt. Dated 28.01.2021 which would be given when a written application is moved to Gurudwara committee for initiating name change process in their records in favour of party of fifth and sixth part. Whereas, balance amount of Rs.18 lakh would be paid with in a time period of 6 months or latest by 25.06.2021. Until then the original keys, related property papers and NOC would remain in the custody of an intermediator person. After complete payment of the said amount, related original documents would be handed over by the intermediator (i.e. PREETI KAUE W/O SH.
12. That each of the parties hereto do hereby convenant with other party or parties hereto that he or she had no done, omitted or knowingly suffered or been party to or privy to any act, deed or thing whereby the properties allotted to the other party or parties hereto as aforesaid by way of arrangement under this MoU have been in any way affected encumbered or whereby they would be prevented from releasing his or her right, title or interest therein.
13. That the parties hereto agree and covenant with each other that he/she and they will do and execute or cause to be done and executed all such acts,deeds and things and/or supply information and/or sign document and allor any application and other papers to transfer the properly to the name ofthe party to whom it is allotted in thoGovermentor Municipal/DDA or other official records to any of the parties hereto bythesepresents and toco-operate and do and execute all such deeds and other documents as maybe required to be executed to this effect to arrangement or settlement under this MoU.
14.
IN PURSUANCE OF TE SAID AGREEMENT AND IN CONSIDERATION OF THE PREMISES, THE PARTIES
HERETO AGREE ASUNDER:
15. That, after receiving all the property papers and relevant documents inoriginal form as mentioned under Schedule-III of this MoU, the Party of the First Part (Manjeet Kaur) would immediately approach to the concerned police and/or apply to the Court for effecting compromise with party or seventh part (Kamal Deep Singh) in the criminal case arising out of FIR No.509 dated 29.07.2020 registered u/s 379 IPC in P.S. Dwarka South. Otherwise, she would deliver her affidavit to parties of seventh part in support of applications u/s.482 Cr.P.C. for getting the said FIR No.509 dated 29.07.2020 quashed.
16. That, parties of the fifth (Avinash Kaur Rathor) and sixth part (Harpreet Kaur Kukreja) shall immediately after the compromise in the above said FIR No.509 dated 29.07.2020 deliver their affidavits to parties of seventh (Kamal Deep Singh) and eleventh party (Amarjeet Singh) in support of applications u/s 482 Cr.P.C. for getting the FIR no. 390 dated 25.09.2020 u/s 354/354A/354B/323/341/506/509/34 IPC, PS Dwarka South quashed. Every possible help would be extended from both the sides in pursuance of the same including recording their supportive statement before the Hon’ble High Court of Delhi.
17. That, the parties of the tenth Part ( ) shall also deliver her affidavit to parties of fifth (Avinash Kaur Rathor) and eighth part (Varun RAthor) in support of applications u/s. 482 Cr.P.C. for getting the FIR no.562 dated 10.12.2020, u/s.354/354A/354B/323/341/506/509/34 IPC, PS Dwarka South quashed. She would also extend every possible help in pursuance of the same including recording her supportive statement before the Hon’ble High Court of Delhi.
18. That, the parties of the tenth Part ( shall also withdraw her complaint cases vide Ct. Case no.14511/2020 u/s 156(3)Cr.P.C. etc. and Ct. Case No.15371/2020 under DV Act etc., both pending disposal before the LD. MM, SW Distt., Dwarka Courts, Delhi.
19. That, party of fifth Part (Avinash Kaur Rathor) would also approach to the concerned police and/or apply to the Court for effecting compromise with party of seventh part (Kamal Deep Singh) in the criminal case arising out of FIR no.018815 dated 10.08.2020, u/s. 379 IPC, P.S. E-Police Station Dwarka South. Otherwise, she would deliver her affidavit to parties of seventh part in support of applications u/s.482 Cr.P.C. for getting the said FIR no.018815 dated 10.08.2020, u/s. 379 IPC quashed. Whereas, party of seventh part (Kamal Deep Singh) would get the car registered in his name as he received the car in his share as part of the settlement of this MoU.
20. That in view of notices u/s. 111 Cr.P.C., parties of the fifth (Avinash Kaur Rathor), sixth (Harpreet Kaur Kukreja) and seventh party (Kamal Deep Singh) shall approach the court of SDM/Dwarka and SHO/PS Dwarka South to inform about settlement of disputes and binding effect of this MoU.
21. That, all concerned parties of the civil suits vide CS DJ No.450/2020 and CS DJ No.451/2020 both pending before Ld. ADJ, SW Distt., Dwarka Courts Delhi would apply for and obtain compromise decree in consonance to the terms and conditions agreed by them. Otherwise, both the civil suits would be withdrawn after culmination of appropriate steps regarding transfer of property shares as stipulated in the MoU.
22. That, in pursuance of civil suit no. 45 1/2020 pending disposal before the court of ADJ, SW, Dwarka Courts, Parties of first (Manjeet Kaur), second (Gurpreet Kaur), third (Parmindcr Kaur), fourth (Jasbir Singh) and fifth part (Avinash Kaur Rathor) will relinquish their all the rights and claims related to the disputed property in favor of parties or sixth (Harpreet Kaur Kukreja) and seventh part (Kamal Deep Singh) equally in the said civil suit and everywhere. Accordingly, decree on compromise would be sought for and the said parties will never tile any civil or criminal case in future against the said property against part) of sixth and seventh part.”
5. Learned counsel for the parties submits that in terms of the settlement all other litigations have also been put to rest.
6. The complainant/ victim in both the cases are present and told that they have entered into the settlement voluntarily without any fear, force or coercion.
7. Since the dispute is predominantly private in nature and the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.
8. In Narinder Singh v. State ofPunjab, (2014) 6 SCC 466, the Hon’bel Supreme Court inter-alia held that:
“29. In view of the aforesaid discussion, we sum up andlay down the following principles by which the HighCourt would be guided in giving adequate treatment tothe settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. Power conferred under Section 482 of the Codeis to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.
29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.”
9. Since both the parties have put an unnecessary burden on the investigation agency and took away a substantial time of courts. I consider that the parties in both the cases should be directed to do some social work which may be a contribution to the society and they should also be put to some duty to do some constructive work.
10. Hence, the parties in both the cases are directed to plant 200 indigenous trees each in their locality within a period of two months. The trees to be planted should be in consonance with the other plants in the area.
11. IO shall identify the place in consultation with the concerned SDM/ Horticulture Department. Concerned SDM/Horticulture Department is also directed to submit a detailed plan that how the parties can be bound to maintain such trees for longer life.
12. The Horticulture Department shall explore the possibility of geotagging the plants and shall also put numbers on the trees planted.
13. Let a detailed compliance report of the SDM be called.
14. Taking into account the totality of facts and circumstances, the case FIR No. 390/2020 under Sections 323/354/354(A)/354(B)/506/509/452/34 IPC and FIR No. 562/2020 under Sections 354/354(A)/354(B)/323/341/34 IPC, both registered at PS Dwarka South and all the proceedings emanating therefrom are quashed.
15. The present petitions stand disposed of.
16. List for compliance on 24th August, 2023.
17. Next date fixed i.e., 31.10.2023 in CRL.M.C.6227/2022 stands cancelled.
18. Copy of order be given dasti to the IO for the necessary compliance.
DINESH KUMAR SHARMA, J JULY 31, 2023