Ratan Kumar & Anr v. The State NCT of Delhi & Ors.

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 632/2013, under Section 420 IPC registered at Police Station- Shahbad Dairy, Delhi and the proceedings arising therefrom.

2. The subject FIR came to be registered as an offshoot of a dispute between the petitioners herein and the respondent nos. 2 and 3 herein qua a plot of land bearing no. 37/3 situated within revenue estate of Village 2016:DHC:1262-DB Barwala, Delhi and the area presently known as Nanesh Enclave, Jain Colony, F- Block, Gali No. 3, Delhi.

3. Counsel for the parties state that with the intervention of common friends and community elders, the parties have arrived at an out-of-court settlement of all their outstanding disputes by way of a Compromise Deed dated 13th May, 2014 duly executed by the petitioners and the respondent nos. 2 and 3 herein and annexed as Annexure ‘B- Colly’ to the present writ petition. The salient terms and conditions as enshrined in the said Compromise Deed are as follows:-

4. Mr. Sumit Chaudhary, learned counsel appearing on behalf of the petitioners states that in pursuance to the said Compromise Deed dated 13th May, 2014, a sum of Rs. 10 lakhs has already been paid to the respondent nos. 2 and 3 herein at the time of execution of the said Compromise Deed. The receipt thereof is annexed to the present writ petition as Annexure ‘C’. The said position is not refuted by the respondent nos. 2 and 3 herein.

5. Respondent No.3/complainant- Sangam Tripathi as well as respondent no. 2- Smt. Meena Gupta, who are present in Court today and has been identified by the Investigating Officer in the subject FIR namely SI Kulvir Singh, Police Station- Shahbad Dairy, Delhi as well as their respective counsel, state that in view of the amicable resolution of the dispute as aforestated, they are no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.

6. In the present case, it is observed that the offence in the subject FIR do not fall within the exempted categories of serious/heinous offences which ought not to be quashed on the ground of an amicable resolution of the disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012) 10 SCC 303]. The offence alleged to have been committed in the subject FIR are private in nature and do not have a serious impact on society.

7. In view of the foregoing, since the dispute that led to the registration of the subject FIR has been settled between the parties amicably by way of a Compromise Deed dated 13th May, 2014, without any undue influence, pressure or coercion; and the settlement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.

8. Resultantly, the FIR No. 632/2013, under Section 420 IPC registered at Police Station- Shahbad Dairy, Delhi and the proceedings arising are hereby set aside and quashed qua the petitioners subject to their depositing a sum of Rs. 10,000/- each with the Victims’ Compensation Fund within a period of two weeks from today. A copy of the receipt thereof shall be provided to the Investigating Officer in the subject FIR.