Sher Singh v. The State Govt Of NCT Of Delhi & ORS

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 392/2018 SHER SINGH ..... Petitioner Through :

Mr R.B.Singh and Ms Dalveer Kaur, Advocates.

versus THE STATE GOVT OF NCT OF DELHI & ORS..... Respondents Through :

Mr Arun Kumar Sharma, Addl. PP for the State.

SI Harkesh Meena, PS Tilak Marg, New Delhi.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.01.2018 1.

The petitioner seeks quashing of FIR No.118/2012, under Sections 471/420/467/468 IPC, Police Station Tilak Marg, Delhi. 2.

The petitioner and respondent No.2 are real brothers. The subject FIR emanates out of a dispute over a property left behind by their parents. 3.

Parties have settled their dispute with the intervention of members of the family and elders.

The Memorandum of Understanding dated 21.12.2017 has been executed between the parties. 4.

In terms of the Settlement, civil suit filed by respondent No.2 already stand withdrawn.

5.

Respondent No.2 is present in Court in person, is represented by Crl.M.C.392/2018

counsel and identified by the Investigating Officer. He confirms that the settlement has taken place and that he does not wish to press his complaint any further.

6.

In view of the fact that the parties have settled their disputes and petitioner and Respondent No.2 are real brothers and respondent No.2 does not wish to prosecute the complaint any further, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

7.

Accordingly, FIR No.118/2012, under Sections 471/420/467/468 IPC, Police Station Tilak Marg, Delhi, and the consequent proceedings emanating therefrom are hereby quashed.

8.

The petitioner and respondent No.2 shall deposit cost of Rs.10,000/- each with the Delhi Child Welfare Fund", Department of Women and Child Development, 1A, Canning Lane, Kasturba Gandhi Marg, New Delhi, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

9.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 24, 2018/'Sn'

Crl.M.C.392/2018