Full Judgment Text
$~61 & 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2664/2022
61 SMT HARMEET KAUR AND ANR ..... Petitioners
Through: Ms. Goldy Goyal and Mr. Harsh
Gupta, Advs.
versus
THE STATE GOVT OF NCT OF DELHI AND ANR
..... Respondents
Through: Mr. Hemant Mehla, APP for State
and ASI Mushtaq Masih, PS Khyala
Delhi.
Mr. Yogendra Kumar Verma and Ms.
Jyoti Verma, Advs. for R-2.
+ CRL.M.C. 2671/2022
62 SMT KOSHALYA DEVI AND ORS ..... Petitioners
Through: Mr. Yogendra Kumar Verma and Ms.
Jyoti Verma, Advs. with petitioners
versus
THE STATE GOVT OF NCT OF DELHI AND ANR
..... Respondents
Through: Mr. Hemant Mehla, APP for State
and ASI Mushtaq Masih, PS Khyala
Delhi.
Ms. Goldy Goyal and Mr. Harsh
Gupta, Advs. for R-2.
% Date of Decision: 29.05.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
CRL.M.C. 2664/2022 & CRL.M.C. 2671/2022 Page 1 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:01.06.2023
10:23:56
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 15021/2023 in CRL.M.C. 2664/2022
Exemption allowed subject to just exceptions.
CRL.M.A. 15020/2023 in CRL.M.C. 2664/2022
CRL.M.A. 14940/2023 in CRL.M.C. 2671/2022
1. Learned counsel for the parties submit that the order dated 27.04.2023
seems to have been passed inadvertently.
2. Learned counsel for the petitioner submits that in fact the quashing
petitions were filed on the basis of settlement.
3. Both the counsels state at bar that no such statement for withdrawal
was made.
4. In view of the submissions made by the learned counsels at the bar,
the petitions are restored to its original number.
5. Both the applications stand disposed of.
CRL.M.C. 2664/2022
CRL.M.C. 2671/2022
6. Present Petitions have been filed under section 482 Cr.P.C seeking
quashing of FIR no. 529/2021 dated 15.06.2021 registered under sections
323/451/354/354B/34 IPC at PS Khayala and FIR no. 528/2021 dated
15.06.2021 registered under sections 323/354/354A/354B/506/509/34 IPC at
PS Khayala.
7. Briefly stated facts of the case are that The FIR No. 529/2021 under
Sections 323/451/354/354(B)/34 IPC registered at PS Khyala was registered
CRL.M.C. 2664/2022 & CRL.M.C. 2671/2022 Page 2 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:01.06.2023
10:23:56
on the statement of respondent no.2 in CRL.M.C. 2664/2022 and FIR No.
528/2021 under Sections 323/354/354(A)/354(B)/506/509/34 IPC registered
at PS Khayala on the statement of respondent no.2 in CRL.M.C. 2671/2022.
the present FIRs were an outcome of a landlord-tenant dispute which has
now been amicably settled.
8. The parties are present and submit that they have settled the disputes
between themselves amicably out of their own free will without any fear,
force or coercion.
9. It is further submitted that in fact the compromise deed has already
been executed on 02.03.2022.
10. The terms of the Compromise Deed/Settlement Agreement are as
follows :
“1. The First Party agree to pay to the Second Party
{Tenant) the sum of Rs. 3,00,000/- (Rupees Three
Lakhs) as an all-inclusive settlement payment for any
and all Claims ("settlement payment'). It is agreed
between the First Party and Second Part (Tenant) that
First Party shall pay this sum of Rs. 3,00,000/- (Rupees
Three Lakhs) to be paid by way of Cash/Demand Draft
on the day of passing of final order by the Hon'ble
High Court of Delhi in the quashing petition.
2. The Second Party {Tenant) agree to completely
vacate the property situated at WZ-283/123, Maddi
Wali Gali, Gali No. 4, Vishnu Garden, New Delhi-
11O018, which shall include the removal of all
CRL.M.C. 2664/2022 & CRL.M.C. 2671/2022 Page 3 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:01.06.2023
10:23:56
furniture and personal things· that belong to the
Second Party (Tenant), on the day of passing of final
order by the Hon'ble High Court of Delhi in the
quashing petition.
3. The Second Party (Tenant) hereby acknowledges
that the Settlement Payment paid to Second Party
(tenant) -through this agreement constitutes the full
and complete settlement of any and all claims against
the First Party persons.
4. Upon payment to Second Party (Tenant) of the
settlement Payment, the First Party shall have no
further obligation to Second Party (Tenant) in any
respect.
5. In effecting this compromise deed, each signatory
hereto certifies that he or she has read all the terms of
this compromise deed and fully understands it. This
compromise deed has been fully negotiated between
the First Party and the Second Party.”
11. In pursuance to the Settlement Agreement a DD No. 801825 dated
13.03.2023 in the name of Pritam for a sum of Rs. 3,00,000/- (Rupees Three
Lacs only) drawn from Kotak Mahindra Bank has been handed over today.
12. It is time and again reiterated by the Apex court and this court that
where the dispute is predominantly private in nature and do not have a
serious impact on the society and where the court may be of the opinion that
CRL.M.C. 2664/2022 & CRL.M.C. 2671/2022 Page 4 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:01.06.2023
10:23:56
a settlement between the parties would lead to better relations between them,
the court may exercise power under section 482 CrPC for quashing the
proceedings or the complaint or the FIR as the case may be.
13. Taking into account the facts and circumstances of the case I consider
that there would be no purpose of continuing with the proceedings. The
parties have reached at an amicable settlement. In view of the facts and
circumstances the case FIR no. 529/2021 dated 15.06.2021 registered under
sections 323/451/354/354B/34 IPC at PS Khayala and FIR no. 528/2021
dated 15.06.2021 registered under sections 323/354/354A/354B/506/509/34
IPC at PS Khayala and all the other proceedings emanating therefrom is
quashed.
14. The present petition is disposed of.
DINESH KUMAR SHARMA, J
MAY 29, 2023/AR
CRL.M.C. 2664/2022 & CRL.M.C. 2671/2022 Page 5 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:01.06.2023
10:23:56