Hemant Dhawan v. State Of Delhi & ANR

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2216/2018 Crl.M.A.7871/2018 HEMANT DHAWAN ..... Petitioner Through Mr. Arjun Sanjay, Adv.

versus STATE OF DELHI & ANR ..... Respondents Through Mr. Akshai Malik, Addl. PP for the State

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.05.2018 1.

The petitioner seeks quashing of FIR No. 235 of 2016 under Sections 420/406/506 of the IPC Police Station Anand Vihar (East), New Delhi, based on a settlement. The subject FIR emanates out of a property disputes.

2.

The parties are stated to be in friendly relations consequent to which a transaction for sale of a property was entered into between the parties. However, the said sale transaction could not be finalized as certain disputes arose between the parties. It is contended that the parties have settled their disputes through Lok Adalat on 09.09.2017. As per the settlement, the petitioner have agreed to pay a sum of Rs. 85,00,000/- (Rupees Eighty Five Lakhs Only) to respondent. 3.

Respondent no. 2 is present in person in Court today and he CRL.M.C. 2216/2018

confirms he has received the entire amount of Rs. 85,00,000/- and now nothing remains due against the petitioner. He submits that he has settled the disputes with the intervention of locals and respectable people of the locality.

Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioner any further. 4.

In view of the fact that the disputes between the parties has been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

5.

In view of the above, the petitions are allowed. FIR No. 235 of 2016 under Sections 420/406/506 of the IPC Police Station Anand Vihar (East), New Delhi, and the consequent proceedings emanating therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 23, 2018 'rs'

CRL.M.C. 2216/2018