The Bombay High Court has quashed an FIR and related criminal proceedings against Orris Infrastructure Private Limited and another petitioner after Orris and Godrej Properties Limited settled their dispute over the jointly developed Godrej Air project in Gurugram.
Justice Milind N Jadhav passed the order after the parties informed the court that their disputes had been reconciled and that a settlement agreement had been finalised. The original complainant also expressed no objection to the FIR and consequential proceedings being quashed.
The FIR had been registered at Vikhroli Police Station in Mumbai. Along with quashing the FIR, the High Court directed that the Look Out Circulars issued against the petitioners also be quashed. The order brings the criminal proceedings arising from the dispute to an end, subject to compliance with the directions issued by the court.
The case had also led to the custody of Amit Gupta of Orris Infrastructure. On August 25, the High Court directed his immediate and unconditional release and quashed his remand, taking note of the settlement negotiations between the parties. On August 27, the court recorded that the parties had signed the settlement agreement and resolved their disputes. The matter was then adjourned to allow the remaining formalities to be completed before the final order.
While allowing the petition, the High Court made observations on the use of criminal proceedings in disputes that are later resolved through private settlements. The court said criminal law should not be used as a bargaining tool, particularly after police machinery and judicial resources have been deployed in investigation and court proceedings.
The court also referred to situations in which criminal complaints may be used in commercial or matrimonial disputes to exert pressure for a settlement. It clarified, however, that each matter would have to be assessed on its own facts and circumstances, and that costs should not be imposed mechanically.
As part of the settlement-related directions in the present case, the petitioners and the original complainant agreed to make voluntary charitable contributions of Rs 1 lakh each. The High Court directed that the combined contribution of Rs 2 lakh be paid to identified charitable organisations within one week.
The matter has been listed on September 24 for compliance with the directions concerning the charitable contributions. Orris Infrastructure said in a public communication that the settlement related to its dispute with Godrej Properties over the Godrej Air project in Gurugram and described the resolution as amicable.
