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High Court of DelhiCRL.M.C./788/2017

Muktiari Devi & ORS v. State & ANR

2017-10-12Hon'Ble Mr. Justice Ashutosh Kumar3 pages

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 788/2017 MUKTIARI DEVI & ORS ..... Petitioners Through:

Mr. Ashutosh Mehta, Adv.

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

Ms. Meenakshi Dahiya, APP for State with SI Praveen Kumar, P.S.

Mandawali.

Mr. V.N. Jha, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.10.2017 Disputes between the petitioner no.1 and respondent no.2 in respect of a property bearing no. B-468, West Vinod Nagar, Mandawali, Delhi - 110092 had led to registration of present FIR No. 226/01 under Sections 420/448/467/471/120 IPC at police station Mandawali, on the complaint of respondent no.2. Civil disputes between the petitioner no.1 and respondent no.2 with regard to ownership of the subject property were also pending. Petitioner no.1 and respondent no.2 have settled their disputes in RSA No. 90/2012 on the terms and conditions as stipulated in para 3 of the order

dated 30th September, 2016 passed by a learned Single Judge of this Court in RSA 90/12. In the said RSA, petitioner no.1 and respondent no.2 had also agreed for quashing of the present FIR. On 10th October, 2017 petitioner no.1 had stated that the tenanted premises bearing no. B-468, West Vinod Nagar, Mandawali, Delhi was got vacated from the tenants. Respondent no.1 produced the keys of the premises which were handed over to SI Praveen Kumar (Investigating Officer), who was directed to visit the subject property along with respondent no.2 to verify as to whether the same was lying vacant.

Petitioner no.1 states that not only she got the premises vacated from the tenant but she has also vacated the premises. This fact has been verified by SI Praveen Kumar who went to the subject premises along with respondent no.2. SI Praveen Kumar has handed over the keys of the subject premises to the respondent no.2 in Court today. Respondent no.2 submits that she has no objection in case FIR is quashed. Keeping in view the settlement arrived at between the petitioner and respondent no.2 in RSA 90/12, in the interest of justice, FIR No. 226/2001 under Sections 420/448/467/468/471/120 IPC registered at police station Mandawali and the consequent proceedings emanating therefrom are quashed in respect of all the petitioners.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 12, 2017 ga