Sumit Bhattacharya vs State Of Nct Of Delhi & Ors

Ravinder Dudeja, J.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0969/2020, dated 03.10.2020,registered at P.S Bindapur, Delhi under Sections 419 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

As per allegations in the FIR, Respondent No. 3, Director of British Academy for English Language (BAFEL), alleged that the petitioner in collusion, engaged in fraudulent activities by establishing and operating a parallel institute under the name "BELS" (British English Language School), thereby using forged documents, misappropriating the name, logo, and goodwill of BAFEL, issuing fake receipts on pretext of affiliation with BAFEL. He also alleged that when petitioner was confronted, he resorted to criminal intimidation, issued threats, and physically assaulted Respondent No.

3 and his wife. Subsequently, FIR No. 0969/2020, dated 03.10.2020 was lodged at instance of Respondent No. 3 at P.S Bindapur, Delhi under section 419 IPC.

During the proceedings, the parties amicably resolved their disputes and executed a Settlement dated 08.02.2023 at Delhi Mediation Centre, Karkardooma Courts, Delhi. The copy of Settlement dated 08.02.2023 has been placed on record as Annexure P-3.

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Naresh Kumar from PS Bindapur.

Respondent No. 3 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has

no objection if the FIR No. 0969/2020 is quashed against the Petitioner.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0969/2020 is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0969/2020, dated 03.10.2020, registered at P.S Bindapur, Delhi under section 419 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 0969/2020, dated 03.10.2020, registered at P.S Bindapur, Delhi under section 419 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.