Full Text
HIGH COURT OF DELHI
W.P.(CRL) 1594/2023, CRL.M.A. 14885/2023 (stay) &
SUNIL SARIN ..... Petitioner
Through: Mr.Roopansh Purohit, Ms.Gultash Guron and Mr.Ankit Choubey, Advocates with petitioner in person.
Through: Ms.Rupali Bandhopadhyay, ASC (Crl.) for State with Mr.Akshay
Kumar and Mr.Abhijeet Kumar, Advocates SI Arun Kumar, Ps Saket.
Respondents in person.
Date of Decision: 29.05.2023
JUDGMENT
1. Present petition has been filed for quashing of FIR no. 604/2017 dated 30.11.2017 under section 406/420/34 of the Indian Penal Code, 1860 registered at PS Saket, pursuant to a settlement between the petitioner and the Respondent no. 2
2. The FIR was lodged on the statement of Nitin Sethi alleging therein that the petitioner who was hired for consultancy purposes extended threats to the company and the company‘s officials if the safety amount is not paid to him or the firm. It has further been submitted that due to such threat, certain cheques were also issued to the petitioner. The FIR also includes other allegations of intimidation and harassment.
3. It has been submitted that subsequently during the pendency of the proceeding in the trial court, both parties arrived at a settlement vide a memorandum of understanding dated 18.05.2023 on the following terms & Conditions:
4.
1. That the First Party has irrevocably agreed to withdraw all its complaints/FIR/civil cases and further shall cooperate in all respects for quashing of FIR No. 604/2017 dated 30.11.2017 registered at Police Station Saket, New Delhi u/s 406/420/34 IPC against the Second Party including executing/ submitting NOCs/ Affidavits and signing/ filing of appropriate applications for the aforesaid purpose before the concerned Courts of law.
2. The second party undertake to withdraw its above mentioned criminal complaints under Section 138 NI Act filed against the Nitin Sethi and Voneat Sethi, members of the First Party after the quashing of FIR No.604/2017 dated 30.11.2017 registered at Police Station Saket, New Delhi u/s 406/420/34 IPC against the Second Party.
3. That upon quashing of FIR No. 604 dated 30.11.2017 registered at Police Station Saket, New Delhi u/s 406/420/34 IPC against the Second Party and subsequently with the withdrawal of criminal complaints under Section 138 NI Act filed against the First Party, both Parties shall be left with no grievances or claims of whatsoever nature against the each other.
4. That by way of present MOU the terms and conditions of the settlement as agreed between the First Party and the Second Party shall also be binding upon all related parties such as Companies / Partnerships along with their Directors, Promoters, Shareholders, Partners, Associates, relatives, Agents and Employees etc.
5. That both parties confirm and acknowledge that along with above mentioned cases and FIR, all other past and present complaints / cases/ FIR(S) / claims known or unknown till date are all settled with this MOU.
6. That both parties undertake that no future complaints / cases/ claims will initiate directly or indirectly against each other.
7. All claims / Complaints (Civil & Criminal) / disputes shall hereby be settled with signing or executing of this agreement.
5. Ld. Counsel for the petitioner states that as per the settlement, the petitioner shall also withdraw the Complaint Case No. 8634/2017 titled as ‘M/s S. Sarin & Associates vs. Nitin Sethi’ and Complaint case NO. 8635/2017 titled as ‘M/s S. Sarin & Associates vs. Voneat Sethi’ pending in the court of Ld. MM, Patiala House courts, New Delhi.
6. Learned counsel submits that since the parties have amicably resolved all the disputes between them, thus no useful purpose will be served by continuing with the present complaint.
7. The parties are present and have been duly identified by the IO. Respondents No. 2 and 3 have stated that they have amicably settled all the disputes with the petitioner and want to put a quietus to the same. They have stated that they have amicably settled with the petitioner out of their own free will, without any threat, fear, force, or coercion. They state they have no more grievance against the petitioner and have no objection if the present FIR and all consequent proceedings emanating therefrom are quashed.
8. I have considered the submissions.
9. It has been held in a catena of judgments of the Supreme Court as well as this Court that the High Court has the inherent power to quash criminal proceedings even in those cases which are not compoundable. Such power however is to be used sparingly with caution and circumspection. It is imperative that while exercising such inherent power, the High Court must examine whether the possibility of conviction is remote and bleak and whether the continuation of criminal proceedings would put the accused to great oppression and prejudice. Section 482 Cr.P.C. preserves the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice. Thus, while adjudicating whether an FIR or criminal proceeding is liable to be quashed, the High Courts must evaluate and weigh if the ends of justice would be served and justify the exercise of such inherent power. In the present case, the parties have voluntarily entered into the settlement. The respondent no.2/complainant has stated that she does not wish to pursue the present complaint and wants to put a quietus to the same. On account of the voluntary settlement, the parties no longer wish to pursue the present complaint and seek quashing of the same. Even if the trial is allowed to continue, there is a bleak/remote chance of conviction, given that the parties have resolved their dispute and do not want to pursue the present complaint. I consider that it would be in the interest of justice that the present complaint is quashed.
10. Considering the totality of facts and circumstances of the case and in view of the statement of the respondent No.2 & 3, the case FIR NO. 604/2017 dated 30.11.2017 registered under sections 406/420/34 IPC at PS Saket and all criminal proceedings emanating therefrom are quashed.
11. Accordingly, the present petition along with all other pending applications stands disposed of.
DINESH KUMAR SHARMA, J MAY 29, 2023