Allowed

Unnathi Sudheesh v. State of NCT of Delhi & Anr.

Delhi HC20 Dec 2024CRL.M.C./2724/2018

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR under Sections 420/120B/34 IPC alleging cheating. The court noted a settlement agreement where the accused agreed to pay the complainant Rs. 36.35 lakhs, the sum was paid, and the complainant consented to quashing. The court held proceedings served no useful purpose and quashed the FIR.

What did the court decide?

FIR Crime No.197/2017 registered under Sections 420/120B/34 IPC and all consequential proceedings are quashed.

Unnathi Sudheesh Vs State of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2024)

¶1

$~22

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 2724/2018, CRL.M.A. 9692/2018, 32491/2019 & 36556/2019

¶4

UNNATHI SUDHEESH .....Petitioner

¶5

Through: Ms. Shikha Sapra, Adv. along with petitioner.

¶6

versus

¶7

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

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE VIKAS MAHAJAN

¶10

O R D E R % 20.12.2024

¶11

The present petition has been filed seeking quashing of FIR being Crime No.197/2017 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.

¶12

The case of the prosecution is that the aforesaid FIR was registered on a complaint made by the respondent no.2 wherein he alleged that he and his friend have been duped by the petitioner’s husband to the extent of Rs.36.5 lakhs. They were made to invest in a company of which the petitioner is also a director.

¶13

During the pendency of the proceedings, the petitioner’s husband and

¶14

This is a digitally signed order.

¶15

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 12:19:57

¶16

the respondent no.2 arrived at a settlement, terms whereof were reduced in writing in the form of Compromise Agreement dated 11.01.2018, a copy of which is annexed as Annexure P-6 to the present petition. It is recorded in the said agreement that the petitioner’s husband has entered into settlement with the respondent no.2 and his friend and has agreed to pay full and final settlement amount of Rs.36.35 lakhs in the manner stated in the agreement.

¶17

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.

¶18

The petitioner’s husband is present in Court whereas respondent nos. 2 has 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.

¶19

The respondent no.2, on a query posed by the Court, state that he has received the entire settlement amount of Rs.36.35 lakhs and he has no objection in case the aforesaid FIR is quashed.

¶20

The offences invoked against the present petitioner are otherwise compoundable.

¶21

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.

¶22

Consequently, the petition is allowed and the FIR being Crime No.0197/2017 under Sections 420/120B/34 IPC registered at P.S. Crime

¶23

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 30/12/2024 at 12:19:57

¶24

Branch, Chanakyapuri, New Delhi along with all other proceedings emanating therefrom, is quashed.

¶25

The petition stands disposed of in the above terms. Consequently, the pending applications stand disposed of.

¶26

Order be uploaded on the website of this court.

¶27

VIKAS MAHAJAN, J

¶28

DECEMBER 20, 2024 aj

¶29

This is a digitally signed order.

¶30

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 12:19:57

Unnathi Sudheesh v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Unnathi Sudheesh v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohd Fahim Vs State of NCT of Delhi

Varun Sharma and Others Vs State Govt.of NCT of Delhi and Anr.

Ravinder Kumar and Ors. Vs State NCT of Delhi & Anr.

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

Arpit Sharma and Ors. Vs State of NCT of Delhi & Anr.

Gursharan Kaur @ Gursharan Kaur Mann Vs State of NCT of Delhi and Anr.