Quashing petition under Section 482 CrPC seeking to quash FIR No.374/2015 (cheating and forgery provisions of IPC) arising from a property dispute. Parties settled via MOU with Rs.9,00,000 paid; relying on State of M.P. v. Laxmi Narayan, the court quashed the FIR subject to costs.
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NIRANJAN ALIAS NIRANJAN SINGH AND ORS.
.....Petitioners
Through: Mr. Manish Kumar, Mr. C.B. Garhi, Advs. with the petitioners.
versus
THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP for the State with SI Deependra, PS Sonia Vihar Mr. Yash Prakash Yadav, Adv. with the respondent No.2
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
This is a digitally signed order.
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attested on 21.05.2024
“And whereas both the parties have settled all their disputes and grievances amicably with each other with the intervention of respectable elders, well wishers and friends of both the parties and in terms of the settlement the second party have already made the payment ofRs.9,00,000/- (Rupees nine lakh to the first party) in respect of the present disputes and nothing is due between the parties and after receipt of the settlement amount, the first party will not claim any amount from the second party.
That as per amicable settlement, now the Complainant/ first party does not want to proceed with the above said case anymore against the second party and first party has no objection if the present FIR be quashed by the Hon'ble Delhi High Court.”
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 10/09/2024 at 12:11:09
between the concerned parties. Therefore, reliance can be placed on State of M.P. v. Laxmi Narayan &Ors . (2019) 5 SCC 688, wherein the Supreme Court inter alia held that proceedings of civil character arising out of commercial transactions that have been settled amicably can be quashed under the inherent power of this Court
DINESH KUMAR SHARMA, J
SEPTEMBER 3, 2024
Pallavi /DG
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 10/09/2024 at 12:11:09
1 issue framed by the court
Whether an FIR for non-compoundable offences can be quashed under Section 482 CrPC on the basis of an amicable settlement between the parties.
Colour shows how this judgement treated each authority
State of M.P. v. Laxmi Narayan & OrsRelied on¶8
(2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
Niranjan alias Niranjan Singh and ors.
The State NCT of Delhi
Dinesh Kumar Sharma
As recorded by the court registry
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