CRL.M.C./7786/2024 of VIKRAM SHARMA & ORS. Vs STATE (GOVT OF NCT OF DELHI) & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7786/2024, CRL.M.A. 29730/2024 VIKRAM SHARMA & ORS. VIKRAM SHARMA & ORS.

.....Petitioners

Through: Mr. Aditya Sharma, Mr.Manoj Rajpoot, Mr. Dushyant Sharma, Ms. Kritika Bhardwaj, Advs. Rajpoot, Mr. Dushyant Sharma, Ms. Kritika Bhardwaj, Advs.

versus

STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Hemant Mehla, APP for the State Mr. Amit Ahlawat, APP for the State with Sehnaz, Adv. with SI Amit Kumar, PS Dwarka South Through: Mr. Hemant Mehla, APP for the State Mr. Amit Ahlawat, APP for the State with Sehnaz, Adv. with SI Amit Kumar, PS Dwarka South

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

% 13.12.2024

1.The present petition has been filed seeking the quashing of FIR No.259/2017 registered at PS Dwarka South West under Sections 174 of IPC and all the proceedings arising therefrom on the basis of the settlement deed dated 10.01.2019. No.259/2017 registered at PS Dwarka South West under Sections 174 of IPC and all the proceedings arising therefrom on the basis of the settlement deed dated 10.01.2019.

2.Briefly stated the facts of the present case are that the petitioners are accused in Complaint case bearing CC No.4991861/16 titled M/s Nips Services Pvt. Ltd v. Mrs. Supreme Infrastructure India under Section 138 of NI Act. In the said complaint, the petitioners were declared absconders vide order dated 30.08.2016. Vide order dated 24.01.2017, learned MM directed SHO, Dwarka south to register an FIR against the petitioners under Section 174A IPC which led to the registration of present FIR No.259/2017, PS Dwarka South West. accused in Complaint case bearing CC No.4991861/16 titled M/s Nips Services Pvt. Ltd v. Mrs. Supreme Infrastructure India under Section 138 of NI Act. In the said complaint, the petitioners were declared absconders vide order dated 30.08.2016. Vide order dated 24.01.2017, learned MM directed SHO, Dwarka south to register an FIR against the petitioners under Section 174A IPC which led to the registration of present FIR No.259/2017, PS Dwarka South West.

However, subsequently, the parties reached on an amicable settlement and settled their all financial disputes for total sum of Rs 24,00,000/- vide Memorandum of Full and Final Settlement dated 10.01.2019. The complainant states that in terms of the settlement, he has received the complete payment. The complainant states that in terms of the settlement, he has also withdrawn complainant case No. 4991861/2016 and complaint case No.5006791/2016 has been compounded.

3.The settlement deed dated 10.01.2019 has been arrived at on following terms and conditions; following terms and conditions;

4.Both the parties are present in court and have duly been identified by the I.O. Respondent no. 2/complainant states that he has entered into the settlement voluntarily without any threat, force, fear or coercion

This is digitally signed order.The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 01/07/2025 at 09:34:16

and has no objection if FIR No.259/2017 registered at PS Dwarka South West under Sections 174 of IPC and all the proceedings arising therefrom is quashed. Respondent No. 2 also states that he has received the entire settlement amount.

5.The High Court is the highest Court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 Cr.P.C. also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law. the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 Cr.P.C. also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law.

6.The Courts have repeatedly held 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. 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.

7.In the case ofNarinder Singh & Ors. v. State of Punjab & Anr.(2014) 6 SCC 466, it was inter-alia held that criminal cases having overwhelmingly and predominantly of civil character should be quashed when the parties have resolved their entire disputes among themselves. Therefore, in the present case, predominantly, it is private dispute, and the parties have settled the matter. Anr.(2014) 6 SCC 466, it was inter-alia held that criminal cases having overwhelmingly and predominantly of civil character should be quashed when the parties have resolved their entire disputes among themselves. Therefore, in the present case, predominantly, it is private dispute, and the parties have settled the matter.

8.Taking into account the totality of facts and circumstances of the case, this Court considers that the parties have entered into an amicable this Court considers that the parties have entered into an amicable

settlement vide MoU dated 18.12.2024 out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

9.In view of the above, FIR No.259/2017 registered at PS Dwarka South West under Sections 174 of IPC and all consequential proceedings emanating therefrom are quashed. South West under Sections 174 of IPC and all consequential proceedings emanating therefrom are quashed.

10.The present petition and pending application, if any, stand disposed of. of.

DECEMBER 13, 2024Pallavi/HT

DINESH KUMAR SHARMA, J