P K Garg & ANR v. State & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 841/2017 P K GARG & ANR ..... Petitioners Through Mr. Alok K. Aggarwl, Adv.

versus STATE & ANR .... Respondent Through Mr. M.S. Oberoi with SI Kulbir, P.S.

EOW.

Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.09.2017 Petitioner no.2 is wife of petitioner no.1. Respondent no.2 is brother of petitioner no.1.

Present

FIR No.137/2015 under Sections 420/467/468/471/120B was registered at Police Station EOW on the complaint of respondent no.2. A perusal of FIR shows that disputes arouse between the respondent no.2 and petitioner no.1 in respect of immovable property which had led to registration of the present FIR. It is submitted that petitioners and respondent no.2 have now settled their disputes amicably and in terms thereof the civil suit being CS(OS) No. 557/2015 has been disposed of vide judgment dated 23rd September, 2016 passed by a learned Single Judge of this Court; wherein the settlement between the parties vide

Memorandum of Understanding/Settlement dated 31st August, 2016 has been accepted and a decree has been passed in terms thereof. Respondent no.2 is present in Court and has been identified by SI Kulbir, P.S. EOW and admits having settled the matter with the petitioners. He says that he is not willing to pursue the FIR any further.

Keeping in view the facts as detailed above, in the interest of justice, the aforesaid FIR No.137/2015 under Sections 420/467/468/471/120B registered at Police Station EOW, which is at the stage of investigation, is quashed in view of the settlement.

The petition is disposed of.

Dasti.

A.K. PATHAK, J SEPTEMBER 20, 2017 RB