Jagjit Singh v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 429/2017 & CRL.M.A.1908/2017 JAGJIT SINGH ..... Petitioner Through:

Petitioner in person with Mr.R.K.

Burman, Adv.

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

Mr.Izhar Ahmad, APP for State Mr.R.K. Burman, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 02.02.2017 Crl.M.A. No 1908/2017 Exemption is allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 429/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.64/2007, under Sections 191, 192, 443, 448, 452, 454, 463, 467, 469, 474 and 506 IPC, registered at Police Station Janak Puri, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that petitioner Jagjit Singh and the respondent No.2 Kuldeep Singh are the real brothers. Learned counsel further submits that dispute and misunderstanding between the real brothers has arisen during the partition proceedings resulting into registration of FIR bearing No.64/2007 under Sections 191, 192, 443, 448, 452, 454, 463, 467, 469, 474 and 506 IPC. Counsel for the petitioner further submits that respondent No.2 Kuldeep Singh is 83 years old and the

petitioner Jagjit Singh is 74 years old. Learned counsel for the petitioner submits that at the fake end of life, a good sense prevail between two real brothers and all the differences have been sorted out between the parties and the said settlement is reduced down writing and executed on 23.01.2016. Learned counsel for the petitioner further submits that nothing remains to be adjudicated between the parties and all the differences have been sorted out and prays that aforesaid FIR be quashed. The complainant Kuldeep Singh is present in person in the court who has been identified by ASI Badlu Ram, Police Station Janak Puri and he admits that there is a settlement taken place between the parties and the same is executed on 23.01.2016. The settlement is voluntarily without pressure and coercion.

The respondent further admits that nothing remains to be adjudicated between the parties and all the differences arisen are sorted out and has got no objection, if the said FIR be quashed. Looking into the facts & circumstances since better sense has prevailed between the parties and have settled all their disputes which is reduced into writing, I deem it appropriate to quash the FIR No.64/2007 and its subsequent proceedings arising therefrom. The parties are bound by the terms of the settlement attested on 23.01.2016.

The present petition is disposed of accordingly. A copy of this order be given dasti to both the parties. I.S.MEHTA, J FEBRUARY 02, 2017/neelam