Full Text
HIGH COURT OF DELHI
CRL.REV.P. 620/2022
NAVEEN KUMAR ..... Petitioner
Through: Mr.Rohit Kumar, Adv.
Through: Mr. Jai Dev Sharma, Adv. for R (VC)
Date of Decision: 15th March, 2023
JUDGMENT
1. This is a petition filed under section 482 Cr.P.C. on behalf of the petitioner seeking quashing of Order and Judgement passed by the Ld. Trial Court dated 30.10.2018 and 11.03.2019 in CC NO. 4990277/2016, Alongwith order passed by the learned first Appellate Court in Crl. Appeal No.176/2019.
2. Briefly stated facts of the case are that initially a CRL. Rev. P. 620/2022 was filed seeking setting aside of the conviction judgment and order on sentence dated 30.10.2018 and 11.03.2019 respectively VERMA passed by the learned Trial Court in CC No.4990277/2016 under Section 138 NI Act in respect of cheque for Rs.6,00,000/-. The order passed by the learned first Appellate Court in Crl. Appeal No.176/2019 was also challenged by the petitioner.
3. When this petition was taken up on 20.09.2022, it was informed that the matter has been settled between the parties and thereafter CRL.M.C. 6438/2022 was filed seeking quashing of criminal complaint case No.4990277/2016 titled as Pradeep Gahlot Vs. Naveen Kumar.
4. The petitioner is present in person and the respondent is appearing with counsel through VC. The parties have filed on record the MoU dated 15.09.2022 executed between Ishwar Singh-Father of the petitioner and the respondent-complainant. The terms and conditions of the MoU reads as under:
5. Learned counsel for the respondent submits that in terms of the settlement, the respondent-complainant has received the entire amount.
6. This was a private dispute wherein the parties have reached at an amicable settlement out of their own free will and do not wish to pursue the case further.
7. It has time and again been held by the Apex Court and this court that wherein the offence is predominantly private in nature and does not have a serious impact on the society as a whole then in such cases, the court may be of the opinion that a settlement between the parties would lead to better relations between them and thus the court may exercise power under Section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be. However, the Courts have to satisfy themselves that the settlement so entered into is within the four corners of the law.
8. I consider that there would be no purpose of continuing with the trial.
9. In view of terms of the settlement between the parties, the criminal complaint case No.4990277/2016 titled as Pradeep Gahlot Vs.
10. In view of the above, both the petitions stand disposed of.
DINESH KUMAR SHARMA, J MARCH 15, 2023 VERMA