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High Court of DelhiW.P.(CRL)/2215/2019

Captain Subodh Bhasin & ANR v. State (Govt. Of NCT) & ANR

2019-09-25Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2215/2019 and CRL.M.A. 35102/2019 CAPTAIN SUBODH BHASIN & ANR ..... Petitioners Through Mr. Vaibhav Sharma, Adv.

with petitioners in person versus STATE (GOVT. OF NCT) & ANR ..... Respondents Through Mr. R S Kundu, ASC for the State with Mr. Hitesh Vali, Adv.

SI Rakesh Kumar, PS Defence Colony Mr. Manoj Taneja, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 25.09.2019 The present petition has been instituted under section 482 Cr.P.C. for quashing of FIR No.96/2017 registered under Sections 419/465/468 IPC at police station Defence Colony.

Learned ASC for the State submits that respondent no.2 is the brother of the petitioner and due to some dispute over the property bearing No.D228, Defence Colony, New Delhi, the relation between the brothers got strained which led to the registration of the aforementioned FIR. Learned counsel for the parties submit that the parties have now amicably settled their disputes vide Memorandum of Understanding dated 05.02.2019, copy of which is on record as Annexure D.

Both the petitioner and respondent no.2 are present in Court along with their respective counsels and have been identified by the investigating officer.

Respondent no.2/complainant, who is present in Court, submits that he has settled the dispute with the petitioner on his own free will and without any undue pressure or coercion from any source whatsoever. He further states that in view of the settlement, he has no objection if the aforementioned FIR is quashed.

In view of the above submission, this Court is of the view that no fruitful purpose would be served in continuing criminal proceedings against the petitioner. Accordingly, the aforesaid FIR and consequential proceedings emanating therefrom are hereby quashed.

The petition stands disposed of.

Copy of order be given dasti under the signatures of the Court Master to the learned counsel for the petitioners.

BRIJESH SETHI, J SEPTEMBER 25, 2019 sm