Ved Prakash Sharma & ANR v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1048/2014 VED PRAKASH SHARMA & ANR ..... Petitioners Represented by:

Mr.Vivek Sharma, Advocate versus STATE & ORS ..... Respondents Represented by:

Mr.Akshai Malik, APP for the State with SI Mahendra Koli, P.S.Subzi Mandi

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

O R D E R

% 08.09.2016 1.

Dispute concerning property given private number 102-A, comprising in khasra No.585, village Karkardooma has been settled between the petitioners and the complainant Wariyam Dass Khurana : respondent No.3 in the instant writ petition.

2.

The complainant and one Dapinder Pal Singh claimed a joint interest in the same property. The petitioners claim a contra interest therein. 3.

The settlement has been recorded in suit No.1874/2011 filed by the first petitioner against the Dapinder Pal Singh and the complainant. Terms of the settlement are contained in IA No.12284/2013; an application under Order 23 Rule 3 of the Code of Civil Procedure. The application has been signed by the litigating parties in the suit. 4.

Accepting IA No.12284/2013, vide order dated August 05, 2013 the suit was decreed in terms of paragraphs 4 to 12 of the application. One of

the terms is that the complainant shall withdraw the complaint which is the subject matter of the present petition. As per the settlement the complainant and Dapinder Pal Singh were to sell the property and pay `30,00,000/- (Rupees Thirty Lacs only) to Ved Prakash Sharma.

Payment had to be made within two years failing which it to be paid with interest @ 10% per annum.

5.

In view of the settlement between the parties prayer made is to quash the criminal complaint and proceedings arising therefrom which have resulted in FIR No.161/2011 for offences under Sections 199/420/468/471/34 IPC, P.S.Subzi Mandi being registered. 6.

Learned counsel for the complainant does not dispute the correctness of the facts hereinabove. Even otherwise, the same are matter of judicial record of CS(OS) No.1874/2011.

7.

Under the circumstances, I dispose of the petition quashing FIR No.161/2011 under Sections 199/420/468/471/34 IPC, P.S.Subzi Mandi and proceedings emanating therefrom PRADEEP NANDRAJOG, J SEPTEMBER 08, 2016 skb CRL.M.C. 1048/2014