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High Court of DelhiCRL.M.C./9531/2024

Arvinder Pal Singh & ORS. v. Stae Govt. Of NCT Of Delhi & ANR.

2024-12-05Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9531/2024 ARVINDER PAL SINGH & ORS.

.....Petitioners Through:

Mr. Arbinder Singh Anand and Mr.

Tarun Goomber, Advs. with petitioner no. 1 in person.

SPA Holder of petitioner no. 2 through VC Petitioner no.3 in person.

versus STAE GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with SI Mukesh Kumar DIU/West Distt.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 05.12.2024 CRL.M.A. 36593/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9531/2024 3.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.676/2016 under Sections 420/467/468/471/120B IPC registered at Police Station Janakpuri and all consequential proceedings emanating therefrom on the ground that the parties are related to each other and they have arrived at a settlement.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. The learned APP for the State accepts notice. He submits that the dispute is with regard to the property amongst the family members and since they have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5.

The petitioner no.1 has joined through VC. Likewise, the Special Power of Attorney Holder of petitioner no.2 has also joined through VC. The petitioner no.3 and respondent no.2 are present in Court. 6.

All the parties have been identified by the Investigating Officer SI Mukesh Kumar DIU/West Distt., who is also present in Court. 7.

The brief facts of the case are that a property dispute arose between the respondent no.2/complainant and the petitioner, which led to the filing of complaint by the respondent no.2 which culminated into aforesaid FIR. 8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of compromise agreement dated 10.09.2024, which is annexed as Annexure P-2 to the present petition.

9.

The respondent no.2/complainant who is present in Court, on a query posed by the Court, affirms the factum of settlement and states that he has no objection in case the FIR is quashed.

10.

The parties have been identified by the Investigating Officer SI Mukesh Kumar DIU/West Distt., who is also present in Court. 11.

Having regard to the fact that it is a private dispute with regard to the property within the family which led to the registration of FIR and during the pendency of the proceedings the parties have arrived at a settlement, no useful purpose will be served in continuing the criminal proceedings. Even otherwise, in view of the settlement the ultimate chances of conviction are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

bleak.

12.

Consequently, the petition is allowed and the FIR No.676/2016 under Sections 420/467/468/471/120B IPC registered at Police Station Janakpuri alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J DECEMBER 5, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.