Full Text
HIGH COURT OF DELHI
CRL.M.C. 942/2020 & CRL.M.A. 3813/2020 (stay)
ANKUR SALUJA ..... Petitioner
Through: Mr. Rahul Sharma with Mr. Prabhash Malik and Mr. Shubham Sharma, Advocates
Through: Mr. Raghuvinder Varma, APP for the State.
Mr. Sahil Giri, Advocate for respondent No.2.
ANKUR SALUJA ..... Petitioner
Through: Mr. Rahul Sharma with Mr. Prabhash Malik and Mr. Shubham Sharma, Advocates
Through: Mr. Raghuvinder Varma, APP for the State.
Mr. Sahil Giri, Advocate for respondent No.2.
Date of Decision: 22nd February, 2023
JUDGMENT
1. Briefly stated facts of the case are that the disputes had arisen on account of the alleged non-payment by the petitioner Ankur Saluja. These disputes gave rise to the FIR bearing No.298/2018 under Section 420 IPC, PS K.N. Katju Marg and a complaint under Section 138 Negotiable Instrument Act, 1881 bearing CC No.198/2018 titled as Bhushan Tyagi vs. Ankur Saluja. In the complaint under Section 138 Negotiable Instrument Act, 1891, the petitioner was declared a proclaimed offender. Aggrieved of this, the petitioner filed Crl.M.C.942/2020 for quashing of FIR bearing No.298/2018 under Section 420 IPC.
2. Learned counsel for the parties submit that pursuant to the reference of the matter to the Delhi High Court Mediation & Conciliation Centre, the parties have entered into the settlement vide Settlement Agreement dated 02.09.2022.
3. The terms and conditions of the settlement agreement dated 02.09.2022 are as under: -
1. The First Party shall pay a sum of Rs. 20,00,000/- (Rupees "Twenty Lakhs Only) to the Second Party towards the full and final settlement amount in respect to all the outstanding of the Second Party and also for the settlement of all the aforesaid cases including the FIR bearing No. 298/2018 under section 420 IPC, P.S. K.N. Katju Marg, Delhi.
2. The First Party shall pay a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) - in four instalments by way of demand draft/ RTGs in the following manner:- (a) Rs 5,00,000/- (Rupees Five Lakhs Only) at the time of signing the Settlement Agreement which has been paid today by First Party to the Second Party. The Second Party acknowledges the receipt of Demand Draft No. 012644 drawn on IDBI Bank, Paschim Vihar, Delhi dated 02.09.2022 which is annexed herein as Annexure
(c) Rs 5,00,000/- (Rupees Five Lakhs Only) before the Hon'ble High Court of Delhi in Crl. M.C. 942/2020 at the time of recording of No Objection statement of the Second Party for setting aside the order of proclamation and all consequential proceedings on or before 30.10.2022.
(d) Rs 5,00,000/- (Rupees Five Lakhs Only) before the court of Metropolitan Magistrate-01, Rohini Court, Delhi at the time of withdrawal of the complaint bearing no. 198/2018 under section 138 of Negotiable Instrument Act on or before 30.11.2022 by the Second Party.
3. It is further agreed between the parties that the Second Party shall cooperate and take all necessary steps (which shall not be limited to filing of any affidavits/making any statements/or personally appearing before any authority/court/Tribunal/Police authorities) for withdrawing the allegations/Complaint/ FIR as per fulfilling the terms and conditions mentioned in the present Agreement. It is further agreed that the First party shall take all necessary steps for fulfilling the terms of Settlement Agreement within the times stipulated in it.
4. Both the parties agree and undertake that they have settled all the disputes and grievances against each other amicably and they shall not file any proceedings, make statements, RTI's, applications whether Civil or Criminal, if any against each other.
5. That both the parties undertake to abide by the Settlement Agreement and in the event First Party defaults in the fulfilment of the same, the Second Party shall be entitled to forfeit the amount received by him and continue with the prosecution of his cases and in the event Second Party defaults in fulfilment of the terms of the Settlement Agreement the First Party shall be entitled to refund of the amount paid by him to the Second Party. The defaulting party shall also be liable for the contempt proceedings as per law.
6. This Settlement Agreement shall be binding upon both the parties and for the benefit of the parties' respective heirs, successors, assigns and personal representatives.
7. That the present settlement is full and final and settles all the disputes between the Parties hereto and thus nothing remains pending between them as far as the present dispute is concerned.
8. Both the parties undertake to present themselves before the Hon'ble Court during the court hearing confirming the terms of the Settlement Agreement.”
4. Learned counsel for the petitioner submits that in terms of the settlement agreement, he has already paid Rs.15 lakhs to the Complainant Sh. Bhushan Tyagi. The complainant is present along with his counsel and acknowledges to have received the sum of Rs.15 lakhs. Remaining 5 lakhs is to be paid at the time of the withdrawal of the complaint bearing No.198/2018 under Section 138 of the Negotiable Instrument Act, 1891 titled as Bhushan Tyagi vs. Ankur Saluja, The complainant states that he has entered into the settlement without any fear, force and coercion.
5. It has repeatedly been held by the Courts that if the dispute is private in nature and parties have entered into the settlement at their own free will, the quashing of the proceedings may be done. However, the Courts have to satisfy themselves that the settlement so entered into is within the four corners of the law.
6. I consider that there would be no purpose of continuing with the trial. 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. As the parties have entered into the settlement and the dispute is predominantly of civil nature, FIR bearing No.298/2018 under Section 420 IPC and all the proceedings emanating therefrom stands quashed.
8. In response to Crl.M.C. 942/2020, in terms of the settlement, the petitioner may move an application for recall of order of proclamation. Learned Trial Court is directed to consider the same in the light of the settlement having arrived at between the parties. Till the time this issue is considered by the learned Trial Court, no coercive action shall be taken against the petitioner.
9. In view of the above, the present petition stands disposed of.
DINESH KUMAR SHARMA, J FEBRUARY 22, 2023