Delhi High Court: Mukta Gupta, J., quashed an FIR on noticing that the matter was being dragged only with the purpose of harassing one of the parties by the other.
In the instant petition, directions to respondent 2 were sought with regard to abiding the settlement terms arrived between the parties before the Delhi High Court Mediation and Conciliation Centre for quashing of FIR under Sections 406/420/467/468/471/506/120-B of Penal Code, 1860.
What were the allegations in the above-stated FIR?
FIR lodged by respondent 2 contained allegations that complainant’s father was the owner of a property and had given the said property on license basis to his real brother (R.N. Chopra) in light of his brother’s financial condition not being good.
Complainant’s father passed away in 2001 and later in 2010, the complainant came to India and requested the petitioners to vacate the property. But the petitioners refused to do the same. Further in the FIR, it was alleged that with the intention to cheat, the petitioners executed a sale deed in 2005, which was executed by the petitioner 2, as attorney of late R.N. Chopra in favour of respondent. However, the father of the complainant passed away on 29-07-2001, the said GPA was invalid.
Since respondent 2 was not coming forward and claimed further money on the ground that he had to undergo visits to India, for settling the matter, the parties were referred to mediation and on 28-09-2017, a settlement agreement was entered into between Satish Kumar Chopra and Ashok Kumar Sehgal, as first-party and Anil Chopra, as second party.
Respondent 2 did not deny the settlement and repeatedly did not appear before the Court. Every time his grievance has been that he requires to be paid more money as he had to spend money on the travel for the settlement.
Bench stated that since the matter has already been settled and respondent 2 has just been dragging his feet only to delay the quashing and to harass the petitioners, therefore, Court quashed the FIR in view of the settlement deed arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre.
In view of the above discussion, the petition was disposed of. [Satish Kumari Chopra v. State, 2021 SCC OnLine Del 203, decided on 22-01-2021]
Advocates for the parties:
Petitioners: Gaganmeet Singh Sachdeva and H.S. Sachdeva, Advocates
Respondent: Rahul Mehra, Standing Counsel (Crl.) with Chaitanya Gosain, Advocate for State.
Rajeev K. Agarwal, Advocate for R-2.