Paramjeet Kumar Sharma v. State (Nct of Delhi) & Anr.

Delhi HC15 Jan 2025CRL.M.C./5758/2019

Case brief

AI extract

What is this about?

Delhi HC quashes FIR No. 24/2013 (PS Uttam Nagar, S. 420 IPC) in CRL.M.C. 5758/2019 decided 15.01.2025 by Swarana Kanta Sharma, J., via S. 482 CrPC petition. Grounds: parties' free-will compromise, MoU dated 27.08.2019, receipt by complainant of entire settlement payment (Rs. 5 lakhs paid 22.02.2017; balance Rs. 25 lakhs), no objection to quashing, no legal impediment. Keywords: quashing of FIR, compromise settlement, Section 482 CrPC, Section 420 IPC, memorandum of understanding, interest of justice.

What did the court decide?

Quashing of FIR No. 24/2013 registered at Police Station Uttam Nagar, Delhi for offences punishable under Section 420 IPC and all consequential proceedings emanating therefrom; the petition stands disposed of. ¶¶19

Paramjeet Kumar Sharma Vs State (Nct of Delhi) & Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 24/2013 registered at Police Station Uttam Nagar, Delhi for offences punishable under Section 420 IPC, and the proceedings pursuant thereto, ought to be quashed in view of the amicable settlement reached between the parties.

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Court's answer

As the parties have amicably resolved their differences of their own free will and without any coercion, no useful purpose will be served by continuing the proceedings.

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Ratio / Principle

Continuation would only create further acrimony; it is in the interest of justice to quash the FIR and proceedings pursuant thereto, and there is no legal impediment in quashing the FIR in question.

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Detailed headnote1 paragraphs

High Court of Delhi (Swarana Kanta Sharma, J.) | CRL.M.C. 5758/2019 | Decided 15.01.2025 | Quashing of FIR on compromise/settlement. Petition under S. 482 CrPC sought quashing of FIR No. 24/2013, PS Uttam Nagar, Delhi, lodged for offences under S. 420 IPC arising from the petitioner's 2012 promise to sell a flat to respondent no. 2. Chargesheet was filed on 14.05.2015; the petitioner paid Rs. 5 lakhs on 22.02.2017 with the balance of Rs. 25 lakhs payable per settlement, obtained anticipatory bail, and both parties executed an MoU dated 27.08.2019 settling their disputes. Respondent no. 2, identified before the Court by the IO, affirmed that he entered the compromise voluntarily, had received the entire settlement payment, and raised no objection to quashing. Holding the parties to have resolved their differences freely and without coercion, and observing that continuation would serve no useful purpose and would breed further acrimony, the Court found no legal impediment and quashed the FIR and all consequential proceedings; the petition was disposed of.

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5758/2019

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PARAMJEET KUMAR SHARMA .....Petitioner

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Through: Mr. Akhand Pratap Singh, Ms. Samridhi Dobhal, Mr. Krishna Mohan Chandel, and Mr. Hritwik Maurya, Advocates

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versus

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STATE (NCT OF DELHI) & ANR. .....Respondents

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Through: Mr. Naresh Kumar Chahar, APP for the State with SI, P.S. Uttam Nagar. Respondent no. 2-in-person.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 15.01.2025

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter ‘ Cr.P.C. ’), has been filed on behalf of the petitioner, seeking quashing of FIR bearing No. 24/2013, registered at Police Station Uttam Nagar, Delhi for offences punishable under Section 420 of the Indian Penal Code, 1860 (hereafter ‘IPC’ ).

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Petitioner is present before this Court and has been identified by his counsel, Mr. Akhand Pratap Singh and Investigating Officer (IO), Police Station Uttam Nagar, Delhi.

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Brief facts of the present case are that in the year 2012, the petitioner had promised to sell a flat to the respondent no. 2. On 16.01.2013, an FIR

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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 27/01/2025 at 11:58:18

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was registered against the petitioner. On 14.05.2015, chargesheet was filed before the concerned court. On 22.02.2017, the petitioner had paid a sum of ₹ 5 lakhs and rest of the payment of ₹ 25 lakhs was to be paid as per the settlement arrived at between the parties. Pursuant to this, the petitioner was granted anticipatory bail by the learned Trial Court. On 27.08.2019, both the parties had settled their disputes vide Memorandum of Understanding (MoU) dated 27.08.2019.

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On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between them. Respondent no. 2 further stated that he has received the entire payment as per settlement and has no objection if the present FIR is quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 24/2013, registered at Police Station Uttam Nagar, Delhi for offences punishable under Section 420 of the IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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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 27/01/2025 at 11:58:18

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 15, 2025/zp

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Click here to check corrigendum, if any

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Paramjeet Kumar Sharma v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Paramjeet Kumar Sharma v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

Parties & counsel

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