Sanjeev Kumar Arora & ANR. v. State & ANR.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3795/2022 SANJEEV KUMAR ARORA & ANR.

..... Petitioners Through:

Mr.Jagmohan Singh, Adv.

along with petitioners.

versus STATE & ANR.

..... Respondents Through:

Mr.Aman Usman, APP.

SI Parmender Kumar, PS Rani Bagh, Delhi.

Mr.Yash Kadyan, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.04.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0450/2017 registered at Police Station: Rani Bagh, NorthWest-District, Delhi under Section 420 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioners submits that pursuant to the registration of FIR, the parties, that is, the petitioners and the respondent no.2, have entered into a Memorandum of Understanding dated 24.05.2018 and in compliance thereto, the petitioners have also executed Sale Deed with respect to the second floor and 1/4th share of the stilt parking and proportionate share in land underneath in favour of the respondent no.2. He further submits that the respondent no.2 in turn has also paid a sum of Rs.26.50 lakhs to the petitioners. 3.

The learned for the respondent no.2 submits that while the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2024 at 12:18:46

respondent no.2 admits to the Memorandum of Understanding and the Settlement, all the accused in the above FIR have not joined the present petition for seeking the quashing thereof. 4.

I have perused the contents of the FIR as also the settlement between the parties.

5.

As the parties have entered into an amicable settlement and the FIR primarily raised a dispute which was civil in nature, I find that the continuation of the FIR and consequential proceedings shall not only be against the interest of justice but also be an unnecessary burden on the Investigating Agency and the Court.

6.

As regards the submission of the learned counsel for respondent no.2 that all the accused have not been made parties to the present petition, the present order, insofar as it quashes the FIR and consequential proceedings, would also enure to the benefits of the accused who is not party to the present petition. In any case, the terms of the settlement between the petitioners and respondent no.2 or the present order shall, in no manner, prejudice the rights of the said accused.

7.

With the above clarification, the petition is allowed. FIR No.0450/2017 registered at Police Station: Rani Bagh, North-West District, Delhi under Section 420 of the IPC, and all consequential proceedings emanating therefrom are quashed.

NAVIN CHAWLA, J APRIL 25, 2024/rv Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2024 at 12:18:46