Ahsan Khan v. State (NCT Of Delhi) & ORS

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 907/2020 AHSAN KHAN ..... Petitioner Through:

Mr. Ashwani Kr., Advocate with petitioner in person.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Vineet Kumar, P.S. Vijay Vihar.

Mr. Arun Saroha, Advocate for R-2 & R-3 along with R-2 & R-3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 281/2012 under Sections 420/467/468/471/506/120B IPC registered at P.S. Vijay Vihar on the ground of settlement having been arrived at between the petitioner and respondent nos. 2 and 3.

2.

The petitioner and respondent nos. 2 and 3 are real brothers and the present FIR is an outcome of a property disputes between them. 3.

Learned APP for the State submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioner and respondent nos.2 and 3 are the only complainants/victims. 4.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 have entered into a settlement before the Delhi Mediation Centre, Rohini Court, Delhi on 16.09.2015. A copy of the same is annexed as Annexure-C with the petition. In terms of the settlement, respondent

nos.2 and 3 are now left with no claim whatsoever against the petitioner. 5.

The petitioner and respondent nos.2 and 3 are present in person and have been identified by their respective counsels as well as the Investigating Officer.

6.

Respondent nos. 2 and 3 state that, being the family members, they have entered into the settlement with the petitioner out of their own free will, volition and without any undue force, pressure or coercion. They further state that they have no objection if the present FIR and the consequent proceedings are quashed.

7.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.10,000/- to be deposited with the Delhi High Court Legal Services Committee within two weeks from today. Receipt, evidencing deposit of costs, be filed in the Registry and a copy whereof be handed over to the Investigating Officer.

10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 18, 2020/ga