Delhi HC Bench of Justice Swarana Kanta Sharma quashed an FIR under Section 482 CrPC as parties settled on free will via MoU, finding no utility in continuing proceedings.
FIR no. 359/2015 and all consequential proceedings quashed; petition disposed of.
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SHRI SARTAZ KHAN ..... Petitioner
Through: Mr. Vibhor Vardhan, Advocate along with petitioner-in-person.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadya, ASC for the State with Inspector Satvinder, Special Cell and SI Sunil Verma, P.S. Kalkaji.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R % 24.05.2024
This is a 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 28/05/2024 at 12:21:43
supplied the material i.e. crockery items to M/s Nucleus Marketing i.e. teh complainant firm against the invoices of Rs. 1,19,77,094/- which included the cost of material and VAT of Rs. 13,30,788.66/-. On 12.06.2014, against the said invoices of Rs. 1,19,77,094/-, respondent no. 2 had paid a sum of Rs. 1,11,30,000/- through transfer by RTGS to their account maintained with ICICI Bank, Pitampura, Delhi. On 19.12.2014, due to some confusion the amount of VAT due was not paid by the parties, although the same was to be paid by the petitioner’s firm and therefore when liability of VAT arrived Respondent No. 2 filed a complaint before the SHO, Kalkaji Police Station, alleging that the petitioner has not paid the VAT amount charged in the invoices to the Government and the Respondent no. 2 has to pay the VAT along with the penalty to the Government. On 21.11.2014, a legal notice was received by M/s Neelkanth Crockery Emporium for realisation of payment of Rs. 20,00,000/- from the petitioner. On the complaint of respondent no. 2, the present FIR bearing no. 359/2015 was registered at Police Station Kalkaji, New Delhi against the petitioners for offence punishable under Sections 420/406 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding (MoU) dated 16.11.2022.
This is a 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 28/05/2024 at 12:21:43
SWARANA KANTA SHARMA, J
MAY 24, 2024/zp
Click here to check corrigendum, if any
This is a 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 28/05/2024 at 12:21:43
1 issue framed by the court
Whether FIR u/s 420/406 IPC should be quashed after parties amicably settled dispute via MoU without coercion.
2 provisions across 2 enactments
Shri Sartaz Khan
State of NCT of Delhi
Swarana Kanta Sharma
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
