The Delhi High Court quashed two FIRs arising from a property dispute based on an amicable settlement between the parties under its inherent powers under Section 482 CrPC.
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Neutral Citation Number is 2023/DHC/001449
CRL.M.C. 412/2023 & CRL.M.C. 546/2023 HIGH COURT OF DELHI CRL.M.C. 412/2023 SHAILESH & ORS. ..... Petitioners Through: Mr. Rishipal Singh, Advocate
VERSUS
THE STATE OF NCT DELHI & ANR. ..... Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Omkar Singh, PS Patel Nagar
CRL.M.C. 546/2023 MANOJ KUMAR AND ORS. ..... Petitioners Through: Mr. Satya Prakash Yadav and Mr. Rajat Kanojia, Advocates
VERSUS
THE STATE OF NCT DELHI & ANR. ..... Respondents Through: Mr. Amit Sahni, APP for the State with SI Omkar Singh, PS Patel Nagar Mr. L. S. Saini with Mr. Sahil Vijayram, Advocates for State Mr. Rishipal Singh, Advocate for R- 2. Date of Decision: 23rd February, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA VERMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CRL.M.A. 1613/2023 (Exemption) in CRL.M.C. 412/2023
CRL.M.A. 2153/2023 (Exemption) in CRL.M.C. 546/2023 Exemptions are allowed subject to all just exceptions.
1. These are two petitions bearing CRL.M.C. 412/2023 and bearing CRL.M.C. 546/2023.
2. The present petition bearing CRL.M.C. 412/2023 has been filed seeking the following prayer: “1.Quash FIR No.: 126/2013 DATED 05/05/2013, U/s 323/427/452/506/34 IPC, P.S.: PATEL NAGAR, DELHI in the interest of justice.
3. The present petition bearing CRL.M.C. 546/2023 has been filed seeking the following prayer: “Quash FIR No.: 14 1/2017 U/s 354B / 323 I 354N 341 / 34 IPC, DATED: 03/05 /2017 P.S.: PATEL NAGAR, DELHI in the interest of justice.;”
4. Both parties are closely related to each other, however, some property dispute ensued between them which led to the filing of the abovementioned FIRs.
5. Now, the parties are present before this Court and have duly been VERMA identified by the IO. They state that they have entered into an amicable settlement with the intervention of the common persons, relatives and respectable persons of the society. They say they have arrived at the settlement deed voluntarily without any fear, force or coercion.
6. The settlement deed has been placed on record. The perusal of the settlement deed indicates that the besides the two FIRs under reference, various other litigations have also been registered. Details of other pending litigations is as follows: a. A compliant case under Section 12 of Domestic Violence Act bearing Case No. 5551747/2016 filed by Smt. Pushpa Devi against Shailesh Kumar and Smt. Renu b. A civil suit for possession and permanent injunction bearing No.
CS SCJ 609288/2016 filed by Smt. Pushpa Devi against Shailesh Kumar and Ors c. A complaint case bearing CC No. 10825/2016, filed by Smt. Renu @ Rajni against Manoj Kumar, Smt. Pushpa Devi and Aarti pending before the learned ACMM, Tis Hazari However, now all the disputes have been settled on the following terms and conditions:
“1. That it is agreed that Smt. Pushpa Devi mother of Manoj Kumar and Shailesh Kumar Kumar is ready to pay a total sum of Rs. 16,00,000/- (Rupees Sixteen Lacs Only) to Shailesh Kumar Kumar and Smt. Renu @Rajni as full and final settlement amount.
2. That Smt. Pushpa Devi is ready to cooperate and appear before Hon'ble High Court of Delhi at New Delhi at the time of hearing of quashing petition for FIR No. 126/2013, P.S- Patel Nagar, U/s 323/427/452/ 506/34 IPC and Smt. Renu @ Rajni is also ready to cooperate and appear before Hon'ble High Court of Delhi at New Delhi at the time of hearing of quashing petition for FIR bearing No. 141/2017 P.S- Patel Nagar, U/S 354B/323/354/341/34 IPC.
3. That it is also agreed that both the complainant of above said FIRS sworn affidavit in favour of other party and give their consent to quash the respective FIRS before Hon'ble High Court of Delhi at New Delhi.
4. That a property dispute arises between the parties and now second party that is to say Shailesh Kumar, his wife, children and his relative have relinquished their share in favour of Smt. Pushpa Devi, Manoj Kumar and his wife Smt. Aarti. Due to above said property dispute above said litigation started between both the parties and now all the disputes has been settled between both the parties in total settlement amount.
5. That out of total Rs. 16,00,000/- a sum of Rs. Rs.6,00,000/- will be paid by Smt. Pushpa Devi to Sh. Shailesh Kumar at the time of quashing of both the FIR bearing no. 126/2013 P.S- Patel Nagar, U/s 323/427/452/506/34 IPC and FIR 141/2017 P.S- Patel Nagar, U/s 354B/323/354/341/34 IPC before the Hon'ble High court of Delhi.
6. That Smt. Pushpa Devi also paid an amount of Rs.2,00,000/- to Shailesh Kumar at the time of compounding/withdrawing her Domestic violence case bearing No. 5551747/2016 and complainant case vide bearing no. CC NO. 10825/2016 filed by Smt. Renu @ Ragni and Complaint Case bearing No. C.C.NO. 5464/2017 filed by Aarti.
7. That the balance an amount of Rs.8,00,000/- shall be paid by Smt. Pushpa Devi to Sh. Shailesh Kumar at the time of handing over possession of property bearing No. T-338, Second Floor Baljeet Nagar, Delhi with common right of hall of property bearing No. T-338, Baljeet Nagar, WEST PATEL NAGAR, Delhi in the concerned court and Shailesh Kumar also give statement in favour Of Smt. Pushpa Devi and shall not claim any rights upon above said property in future. It is also settle that appropriate application will be moved before Ld. Civil Judge to pass a consented decree in favour of first party and Sh. Shailesh Kumar and his wife shall give his no objection for passing the consented decree in favour of first party. After handling over the possession and receiving the settled amount Sh. Shailesh Kumar, his wife and their relatives will not claim any rights/anything from first party in future and will not create any hindrance in peaceful enjoyment of property in question by first party.
8. That the parties have settled their all grievances and disputes with the intervention of the common persons, relatives and respectable persons of the society have amicably settled the matter between each other.
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9. That the respective parties undertake to withdraw/ quash/compound their any complaint, civil suit and other proceeding pending in any court or before any other authorities And any other known and unknown case/complaint and suit pending in any court of law and further undertake not to file any case or complaint in future against each other. It is also agreed that after this settlement, all the proceedings which are not in the knowledge of the parties be treated as null and void.
10. That all the parties undertake that the terms and conditions of this compromise deed are binding upon each other.
11. That all the parties have signed this Deed with their free consent, choice, and without any pressure, coercion or undue influence from any side.
12. That it is also agreed between the parties that if second party back out from any terms and conditions of the present settlement deed in that circumstances second party will pay double amount of that amount which has been received by second party from first party. If, first party failed to make further payment as per settlement deed, the amount which has been given by the first GOVT party to the second party will be forfeited.
13. That a declaration made by all the parties in unequivocal and unambiguous terms that they have agreed on each and every term recorded in the settlement agreement, after carefully reading over and fully understanding and appreciating the contents, scope and effect thereof, as also the consequences of the breach thereof, including payment of the fine/penalty.
14. That the present compromise/settlement deed has been executed between the parties with their free will, undue influence, consent and without any threat, pressure, coercion from any corner.”
7. The inherent power under Section 482 Cr.P.C. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In the case of Gian Singh v. State of Punjab (2012) 10 SCC 303, the Supreme Court has observed that in the exercise of its inherent power under Section 482, the High Court can quash FIR/Charge-sheet on the basis of alleged settlement except in cases of rape, murder, dacoity or the cases under the Special Statutes like Prevention of Corruption Act or VERMA the offences committed by public servants while working in that capacity etc. It has also been repeatedly held that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Reliance can be placed upon Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojiroo Angre, (1988) 1 SCC 692
8. Both parties submit that pursuant to the settlement deed, today, two demand drafts- One in the sum of Rs,. 3,00,000/- bearing DD NO. 775006 dated 18.01.2023 drawn on Punjab National Bank and another in the sum of Rs.3,00,000/- bearing DD No. 775004 dated 18.01.2023 drawn on Punjab National Bank has been paid in the name of Salesh.
9. It has been stated that in terms of the settlement, remaining Rs. 2,00,000/- shall be paid at the time of withdrawal of the domestic violence and Rs. 8,00,000/- shall be paid at the time of handing over the possession of the property no. T-338, Second Floor Baljeet Nagar, Delhi with common right of hall of property bearing No. T-338, Baljeet Nagar, West Patel Nagar, Delhi. Both parties submit that they shall scrupulously adhere to the terms and conditions.
10. In the present case, the FIRs were lodged due to a property dispute. It is an admitted fact that the parties are closely related. In view of the facts and circumstances as well as the submissions made by the VERMA parties, it is desirable that the settlement is accepted and the parties are given a chance to maintain social peace and harmony. The parties shall be bound by their statement
11. Accordingly, FIR No.: 126/2013 dated 05/05/2013, U/s 323/427/452/506/34 IPC, P.S.: Patel Nagar and FIR No.: 14 1/2017 U/s 354B / 323 I 354N 341 / 34 IPC, dated: 03/05 /2017 P.S.: Patel Nagar along with all the proceedings emanating therefrom are quashed.
12. The petitions stand disposed of.
13. Dasti.
DINESH KUMAR SHARMA, J FEBRUARY 23, 2023 VERMA
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