Rameshwar Singh v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1169/2019 and CRL.M.A. Nos. 8548/2019 & 8549/2019 RAMESHWAR SINGH ..... Petitioner Through:

Mr Pawan Sharma, Advocate.

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

Ms Kamna Vohra, ASC for State.

SI Laxman Kumar, PS Fatehpur Beri.

Mr K. Singhal and Mr Arshid Bashir, Advocates for R-2 along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.02.2020 1.

The petitioner has filed the present petition, inter alia, praying that FIR No. 0190/2018, under Sections 406/420/468/471/120B IPC at PS Fatehpur Beri and all proceedings emanating therefrom, be quashed. 2.

The allegation against the petitioner is that he had entered into a transaction to sell certain immovable property in Aaya Nagar to respondent no.2, but the same was sold to a third party and respondent no.2 was dispossessed of the same.

3.

The said FIR was registered at the instance of respondent no.2 (Nirmal Kumar). He is present in Court and is identified by the Investigating

Officer. He states that he has since resolved all disputes with the petitioner and other accused in the FIR in question (FIR No. 0190/2018) and has agreed to accept a sum of ₹7,00,000/- as full and final settlement of his claims. He joins the petitioner in praying that the FIR in question be quashed.

4.

The petitioner is present in Court and is identified by his counsel. he has resolved all disputes with the respondent and has deposited ₹7,00,000/- payable to the complainant (respondent no.2) with the Trial Court. He submits that he has no objection if the same is released to the complainant. 5.

Mr Kumar also states that with the receipt of the aforesaid amount, he would have no further claims against the petitioner. 6.

In view of the statements of the concerned parties (petitioner and respondent no.2), this Court considers it apposite to allow the present petition.

7.

Accordingly, the FIR in question (FIR No. 0190/2018, under Sections 406/420/468/471/120B IPC registered with PS Fatehpur Beri) and all other proceedings emanating therefrom, are quashed. 8.

The Trial Court shall release a sum of ₹7,00,000/- deposited by the petitioner in favour of respondent no. 2.

9.

The parties shall sign this order as an acknowledgement of their statements recorded herein.

10.

Order dasti under signature of the Court Master. VIBHU BAKHRU, J FEBRUARY 12, 2020 RK