Mangal Sen v. The State & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1106/2019 MANGAL SEN ..... Petitioner Through Mr. Sachin Kumar Sharma, Adv.

versus THE STATE & ANR ..... Respondents Through Mr. Panna Lal Sharma, APP with SI Rajiv Kumar PS-Pul Prahladpur

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.185/2013, under Sections 420/474/471 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Pul Prahladpur, Delhi and the proceedings emanating therefrom. 2.

The petitioner as well as their counsel and respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Agreement/Compromise Deed dated 24.09.2018.

3.

Learned counsel for the petitioner has placed on record a copy of the order of the Additional District Judge-I (South

East), Saket Courts, New Delhi dated 29.09.2018 whereby, in view of the settlement between the parties, the suit between the parties was disposed of as withdrawn.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that he and the petitioner are brothers. Respondent No.2 further submitted that since the matter stands settled, he has no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.185/2013, under Sections 420/474/471 of the IPC, registered at P.S.: Pul Prahladpur, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 26, 2019 cd