Santosh Kumar Jha & Anr v. The State (Government of NCT of Delhi) and Anr

O R D E R %

11.11.2024

¶1This is a writ petition filed under Article 226 of Constitution of India read with section 482 of CrPC/528 of BNSS, 2023 seeking quashing of FIR No. 0156/2024 registered at P.S. Ranhola, Delhi under sections 420/34 of IPC.

¶2The brief facts are that the petitioner Nos. 1 and 2 defrauded respondent no. 2 i.e. the complainant on the pretext of selling their property for which they received sale consideration of Rs.16 lakhs. Subsequently, it was transpired that the petitioner sold the property to another party.

¶3During the pendency of the proceedings, the parties entered into a settlement dated 28.08.2024 wherein the petitioners have paid a sum of Rs. 10 lakhs to the respondent No. 2 which has been accepted by the respondent No. 2 in full and final settlement. Further, the respondent No. 2 has undertaken to assist in quashing the aforesaid FIR.

¶4Petitioner No. 1 is present physically in Court and petitioner No. 2 is present through video conference mode, both are identified by Mr. Ali, learned counsel. Respondent No. 2 is present in Court and identified by ASI This is a digitally signed order. Dharamveer, PS Ranhola.

¶5Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings.

¶6Mr. Ali, learned counsel for the petitioners states that the petitioners shall pay a sum of Rs. 50,000/- to the respondent No.2/complainant within 8 weeks from today and shall deposit another sum of Rs. 50,000/- with the DHCLSC which shall be used for counselling of POSCO victims. The said statement is taken on record.

¶7In this view of the matter, there is no reason to continue the proceedings. Hence, the aforesaid FIRs and the consequential proceedings arising therefrom are quashed.

¶8In case proof of payment is not filed within the aforesaid period, the file shall be put up by the Registry.

¶9Status report handed over in Court has been taken on record.

¶10With these directions, the petition is disposed of. JASMEET SINGH, J NOVEMBER 11, 2024/sp Click here to check corrigendum, if any This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3056/2024 SANTOSH KUMAR JHA & ANR. .....Petitioner Through: Mr. Jahid Ali, Adv. versus THE STATE (GOVERNMENT OF NCT OF DELHI) AND ANR. .....Respondent Through: Mr. Yasir Rauf Ansari, ASC with ASI Dharamveer, PS Ranhola (Main IO) CORAM: HON'BLE MR. JUSTICE JASMEET SINGH