Allowed

Dr. Anoop Kumar Gupta & Anr. v. State NCT of Delhi and Ors.

Delhi HC4 Sept 2024CRL.M.C./6966/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed FIR No. 170/2006 registering cheating and forgery charges against the petitioners. The court upheld a comprehensive inter-family settlement dated 06.07.2024, relying on the Supreme Court's principle that civil disputes should be settled to promote harmony. This dispositional order closed the criminal proceedings which were part of a 25-party arrangement.

What did the court decide?

FIR No. 170/2006 and all proceedings thereunder were quashed. The petition was disposed of.

Dr. Anoop Kumar Gupta & Anr. Vs State NCT of Delhi and Ors. — Cheque Dishonour | Delhi HC (2024)

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$~54

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6966/2024, CRL.M.A. 26604/2024

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DR. ANOOP KUMAR GUPTA & ANR. .....Petitioners Through: Mr. Vinod Kumar, Mr. Shashank Sharma, Advs. with petitioners.

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versus

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STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Raghuinder Verma, APP for the State with SI Sandeep Narcotics Squad, West, and SI Mukesh Kumar, DIU/West District. R-2 and 3 in person.

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 04.09.2024

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The present petition has been filed for the quashing of FIR No. 170/2006 under Sections 420/467/468/471/34 of the IPC, registered at PS New Friends Colony.

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Learned counsel for the petitioner submits that the dispute was an inter-family matter concerning the family of late Shri Lala Nathu Ram Gupta. It is submitted that there were various litigations relating to numerous properties and the trade name 'Nathu Sweets.' After detailed deliberations and conciliation at the Delhi High Court Mediation and Conciliation Centre, led by Mr. J.P. Sengh, Senior Mediator and Senior Advocate, and Ms. Nisha Bhambani, Advocate and Joint Conciliator, the parties reached a comprehensive settlement via a Conciliated Settlement dated 06.07.2024. It is submitted that, as per the settlement dated 06.07.2024, placed on record, in Paragraph 23, it was agreed that the

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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 12:11:05

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present FIR No. 170/2006 under Sections 420/467/468/471/34 of the IPC, registered at PS New Friends Colony also stands settled, and the parties shall file a petition before this Court to quash the proceedings. As per the settlement dated 06.07.2024 para- 23 inter alia read as under;

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“23. That another criminal case/FIR No. 170/2006 stands registered at PS New Friends Colony, New Delhi qua the Property No.A-221, New Friends Colony, New Delhi at the instance of Shri Vipin Gupta and Shri Bhushan Gupta against Dr. Anoop Gupta & Smt. Alka Gupta, which is pending trial in Saket Court, New Delhi. It has been agreed and undertaken by the concerned parties that the said FIR registered with P.S. New Friends Colony, or any other FIR or complaint at the instance of Shri Vipin Gupta and Bhushan Gupta against Dr. Anoop Gupta & Smt. Alka Gupta shall also be closed and Shri Vipin Gupta and Shri Bhushan Gupta shall furnish the requisite affidavits, make statements, appear before the Hon'ble Court in the quashing proceedings before the Hon'ble High Court of Delhi or any other Court and do all acts that may be required or necessary for the purposes of ensuring that the aforesaid FIR is quashed. The necessary petition for quashing etc. shall be given by the concerned party, in the court of law, as expeditiously as possible and positively within a period of two months from the execution of this settlement.”

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Issue notice.

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Learned APP for the State has accepted the notice.

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Learned APP for the State submits that the case involves Section 471 IPC, which includes serious allegations of document forgery. Therefore, he requests time to file a status report.

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The Court has perused the detailed comprehensive settlement reached between the parties at the Delhi High Court Mediation and Conciliation

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Centre, as documented in the Conciliated Settlement dated 06.07.2024, spanning 267 pages. There are 25 parties involved in the conciliation proceedings.

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The predecessor, late Shri Lala Nathu Ram Gupta, left behind three sons—late Shri Jai Kishan Dass Gupta, late Shri Ramesh Gupta, and late Shri Bal Kishan Dass Gupta—as well as two daughters, late Mrs. Shanti Gupta and late Mrs. Ram Murti Gupta. The Conciliated Settlement dated 06.07.2024 has settled all disputes among the legal heirs of late Shri Jai Kishan Dass Gupta, late Shri Ramesh Gupta, and late Shri Bal Kishan Dass Gupta.

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A perusal of the Conciliated Settlement indicates that Mr. J.P. Sengh, Senior Advocate, and Ms. Nisha Bhambani, Advocate, made significant efforts to help the parties resolve their disputes. The Court has a bounden duty to respect such family settlements. Accordingly, the Conciliated Settlement is taken on record, and the parties are held bound by its terms and conditions.

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Since this was a civil dispute that has been settled among the parties, the complainant, who is present in Court, IO has duly identified both the parties, states that he has entered into the settlement voluntarily, without fear, force, or coercion.

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The Supreme Court in, Ramgopal and anr. V. The State of Madhya Pradesh , CRL.A. No. 1489 of 2012, dated 29.09.2021, inter alia held that FIRs can be quashed in cases where the dispute is personal or civil in nature and does not impact public law or societal interests, to avoid unnecessary litigation. The Apex Court emphasized that promoting harmony through settlements in private disputes, such as matrimonial or

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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 10/09/2024 at 12:11:05

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property matters, is beneficial. However, it reaffirmed that serious crimes like murder or rape, which have broader societal implications, cannot be quashed based on a settlement between parties.

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In view of the above, FIR No. 170/2006 under Sections 420/467/468/471/34 of the IPC, registered at PS New Friends Colony along with all proceedings emanating therefrom, is quashed.

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The present petition, along with all pending applications, stands disposed of.

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DINESH KUMAR SHARMA, J

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SEPTEMBER 4, 2024 Pallavi /NA/JN

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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 10/09/2024 at 12:11:05

Dr. Anoop Kumar Gupta & Anr. v. State NCT of Delhi and Ors.

Case brief

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What did the court decide?

Dr. Anoop Kumar Gupta & Anr. v. State NCT of Delhi and Ors.

Case brief

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