Sartaj & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1433/2019 & CRL.M.A. 10467/2019 SARTAJ & ORS ..... Petitioners Through:

Mr Sushil Shukla, Advocate for P-1 to P-4.

versus STATE & ORS ..... Respondents Through:

Mr Amanpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel for State with SI M. L. Meeena, PS Jamia Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.1558/2015 under Sections 406/420/467/468/471/506/120B/34 of the IPC, registered with PS Jamia Nagar and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent no.2, who has since expired. His legal representatives (respondent nos. 2A and 2C - widow and son of deceased respondent no.2) are present in Court and are identified by the Investigating Officer.

3.

The other legal heirs of respondent no.2 (respondent no.2, the two sons and two daughters - respondent nos. 2B, 2D, 2E and 2F) are not present in Court today. Respondent no. 2A states that they are residing at Meerut and she is duly authorised to represent them in the present proceedings.

She further states that the respondents have no further grievances against the petitioners and the parties have resolved all their disputes in terms of a Settlement Agreement arrived at before the Mediation Centre, Saket Court in RCA No.26/2018 captioned 'Sartaj v. Mohd Salim (since deceased through legal heirs)'. A copy of the said settlement is also placed on record.

4.

She also acknowledges that in terms of the said settlement, the legal heirs of respondent no.2 have received a sum of ͅ₹3,20,000/-. She confirms that the respondents have no further claims against the petitioners and requests that FIR in question and all proceedings arising therefrom, be quashed.

5.

The petitioners are present in Court and are identified by their counsel.

They also state that they have no further grievances or claims against the respondents (legal heirs of respondent no.2). 6.

In view of the statements made by/or on behalf of the concerned parties (petitioners and respondent no. 2A to 2E), this Court considers it apposite to allow the present petition to quash the FIR in question. Accordingly, FIR No.

1558/2015 under Sections 406/420/467/468/471/506/120B/34 of the IPC, registered with PS Jamia Nagar and all proceedings emanating therefrom, are quashed.

7.

The petitioners and respondent nos. 2A and 2C, who are present in Court, shall sign this order as an acknowledgment of their statements recorded herein.

VIBHU BAKHRU, J JANUARY 08, 2020 MK