MOHD NAUSHAD & ANR.  v. THE STATE NCT OF DELHI & ANR.

annum. Due to some personal difficulties the respondent no.2 paid only two premiums of the said policy. Allegedly, two months prior from the registration of the present FIR, one girl namely Taniya called the Respondent No.2 from her mobile to the respondent No.2. Taniya called the respondent No.2 and stated that she is calling from HDFC LIFE, thereafter she confirmed the policy number and detail of Respondent no. 2.Thereafter, Taniya told the respondent No.2 if the respondent No.2 paid the Last premium of Rs. 75,000/- then the respondent No. 2 will get Rs. 2,25,000/. On 17/08/2017, Ms. Taniya again called the Respondent No.2 and convinced complainant to give Cheque of Rs. 75,000/.

5. Allegedly one boy namely Sandeep reached at the address India International Centre, Lodhi Estate, New DELHI for receiving the Cheque bearing No. 708685, Central bank of India, Branch Khan Market, New Delhi issued in the name of HDFC LIFE. Thereafter, a verification call came from the central bank of India, Patel Nagar Branch, New Delhi to the wife of Respondent No. 2about the issuance of Cheque to the ADFONE LIFE and alteration of Cheque. The wife of the respondent No.2 informed the respondent No.2about the said Cheque and the payment of the said Cheque was instantly stopped by the respondent No.2. Petitioner No.1/accused was caught by the Respondent No.2 and produce before the police and the said FIR had been registered.

6. The charge-sheet dated 26.07.2020 has been already filed under Section 420/467/471/120-B/34 of IPC before the Ld MM Tis Hazari

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Courts, Delhi.

7. Ld. Counsel for the petitioner submits during the pendency of the proceedings before the trial Court, the parties have resolved their disputes amicably and in furtherance thereof they have entered intoa Settlement Deed dated 30.11.2022 on the following terms and conditions:

"1. That it is agreed between the parties that the first parties is ready to organize a complete Bhandara/Langar as per their capacity and to the satisfaction of the Second Party after quashing the FIR No. 267/2016 And Bhandara date will be fixed as per the choice of second party.

2. That it is agreed between the parties that the first party will appear/present in the Bhandara with their family members, friends etc. and give time in the devotion of Bhandara.

3. It is also agreed between the parties that all the expenses bear by the first party in the said

"BHANDARA" as per their capacity and also bear the legal expenses towards court proceedings for current trial and settlement/quashing.

4. That in case both the Parties of this Deed shall not comply with the terms and conditions then the both the Parties will face Legal consequences and has liberty to initiate appropriate legal proceedings against the each other.

5. That present compromise deed has been executed without any pressure, force, coercion and out of their own sweet will of both the Parties."

8. The parties are present in person and have been duly identified by the

IO.

9. The Respondent no. 2/complainant states that he has entered into the

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settlement voluntarily at his own free will without any fear, force, coercion, and has no objection if FIR No. 267/2017 under Sections 420/467/471/34 of IPC registered at PS Patel Nagar is quashed.

10. Complainant also states that he was not put to any loss and the petitioners have complied with the terms and conditions of the settlement.

11. Learned APP for the State has opposed the quashing of the FIR on the ground that it is a 2017 matter and the petitioners must be burdened with some cost.

12. Since the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.

13. Taking into account the totality of facts and circumstances, the case FIR No. 267/2017 under Sections 420/467/471/34 of IPC registered at PS Patel Nagar and all other proceedings emanating therefrom are quashed.

14. However the petitioners are burdened with a cost of Rs. 10,000/- each to be deposited with the Delhi High Court Advocates Welfare Fund.

15. List before the Joint Registrar for compliance on 24.08.2023.

DINESH KUMAR SHARMA, J

JULY 19, 2023/AR

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