Tejbir Singh & ORS v. The State & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEJBIR SINGH & ORS ..... Petitioners Represented by:

Ms.Swati Rathi and Mr.Pawan Kumar, Advocates versus THE STATE & ANR ..... Respondents Represented by:

Mr.Rajesh Mahajan, ASC for the State with Ms.Jyoti Babbar, Advocate with Insp.Devinder Singh, PS Mangole Puri Mr.Narender Singh, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.09.2018 1.

By this petition, the petitioners seek quashing of FIR No.202/2015 under Sections 420/468/471/120-B IPC registered at PS Mangol Puri, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State submits that since the four signatures were in the name of Tara Chand, Tara Chand was subsequently traced and it was found that Tara Chand had no involvement and the forgery was committed by the three petitioners herein. He states that the charge sheet is being filed keeping the three petitioners in column No.11 and respondent No.2 is the only complainant/victim.

3.

Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that he has settled the matter with the petitioners before the Delhi Mediation Centre, Rohini Courts on 17th October, 2017, copy whereof is annexed as Annexure A-2 to the present petition. In terms of the settlement parties have demarcated the portions of the house and have now got separate water and electricity meters. In view of this comprehensive settlement between the petitioners and respondent No.2 wherein petitioner No.3 is the brother of respondent No.2 and petitioner No.2, widow of the brother of respondent No.2, respondent No.2 states that he does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. He undertakes to abide by the terms of settlement arrived at between the parties.

4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. 5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

6.

Consequently, FIR No.202/2015 under Sections 420/468/471/120-B IPC registered at PS Mangol Puri, Delhi and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 27, 2018 mamta