Rahim Baksh v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 281/2017 RAHIM BAKSH ..... Petitioner Through:

Mr.Narender Singh, Adv.

versus STATE & ANR ..... Respondents Through:

Ms.Kusum Dhalla, APP for the State Mr.T.K. Mukherjee, Adv. for R-2 S.I. Rahul Kr., P.S. Shakar Pur

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.04.2017 Crl. M.A. 1228/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 281/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.2765/2014, under Sections 420/468/471 IPC, registered at Police Station Shakar Pur and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the property in dispute belongs to the wife of the present petitioner. He further submits that with the consent of the wife of the present petitioner, the petitioner inadvertently entered into an Agreement to Sell with the respondent No.2, which resulted into registration of the said FIR. He further submits that after the registration of the said FIR, the near relatives and close friends intervened and the matter

has been amicably settled and the same has been reduced into writing vide Compromise Deed dated 13.01.2017. He further submits that the advance amount which has been handed over to the petitioner was returned to respondent No.2.

He also submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that since all the disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, S.I. Rahul Kumar. The complainant also admits that the matter has been amicably settled with the petitioner. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and that he has no objection, if the FIR in question is quashed. Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and nothing remains to be adjudicated further, I deem it appropriate to quash the present FIR. Consequently, the FIR No. 2765/2014, under Sections 420/468/471 IPC, registered at Police Station Shakar Pur and all proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J APRIL 19, 2017/km