Allowed

Kevin Sunny v. the State Govt of NCT of Delhi & Ors.

Delhi HC20 Dec 2024CRL.M.C./1640/2018

Case brief

AI extract

What is this about?

Petition to quash an FIR for cheating and criminal conspiracy after the parties settled; the full settlement amount was paid and complainants had no objection. The court held the offences were compoundable and quashed the FIR and all consequential proceedings.

What did the court decide?

FIR No.0197/2017 under Sections 420/120B/34 IPC and all consequential proceedings quashed.

Kevin Sunny Vs the State Govt of NCT of Delhi & Ors. — Quashing and FIR | Delhi HC (2024)

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1640/2018

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KEVIN SUNNY .....Petitioner Through: Ms. Shikha Sapra, Adv. along with petitioner.

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versus THE STATE GOVT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Utkarsh, APP for State with Insp. Pawan Kumar, ACS, Crime Branch, New Delhi. Mr. Abhinav Jain, Adv. for R-2 & 3.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 20.12.2024

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The present petition has been filed seeking quashing of FIR No.0197/2017 under Sections 420/120B/34 IPC registered at P.S. Crime Branch, Chanakyapuri, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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The case of the prosecution is that the aforesaid FIR was registered on a complaint made by the respondent nos.2 and 3 wherein they alleged that they have been duped by the petitioner to the extent of Rs.36.5 lakhs. They were made to invest in the petitioner’s company.

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During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Compromise

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This is a digitally signed order.

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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 30/12/2024 at 12:19:56

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Agreement dated 11.01.2018, a copy of which is annexed as Annexure P-2 to the present petition. It is recorded in the said agreement that the petitioner has entered into settlement with the respondent nos.2 and 3 and has agreed to pay full and final settlement amount of Rs.36.35 lakhs in the manner stated in the agreement.

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The attention of the Court has been drawn to the status report dated 08.07.2018 filed by the police wherein it has been recorded that the total agreed sum of Rs.36.35 lakhs has been paid by the accused persons to the complainant and his friends (i.e., respondent nos.2 and 3 herein).

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The petitioner is present in Court whereas respondent nos. 2 and 3 have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer, i.e., Insp. Pawan Kumar, Crime Branch, New Delhi.

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The respondent nos.2 and 3, on a query posed by the Court, states that they have received the entire settlement amount of Rs.36.35 lakhs and they have no objection in case the aforesaid FIR is quashed.

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The offences invoked against the present petitioner are otherwise compoundable in nature.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.0197/2017 under Sections 420/120B/34 IPC registered at P.S. Crime Branch, Chanakyapuri, New Delhi along with all other proceedings emanating therefrom, is quashed.

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This is a digitally signed order.

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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 30/12/2024 at 12:19:56

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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DECEMBER 20, 2024 aj

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This is a digitally signed order.

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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 30/12/2024 at 12:19:56

Kevin Sunny v. the State Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Kevin Sunny v. the State Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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