Alokdeep Khullar & ANR v. State NCT Of Delhi & ANR

64# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ALOKDEEP KHULLAR & ANR ..... Petitioners Represented by:

Mr. Anil Goel, Advocate with petitioners in person.

versus STATE NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Rajesh Mahajan, Additional Standing Counsel for State with SI Kaushik Ghosh, PS Shahdara.

Mr. Vivek Kumar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.04.2018 Crl.M.A. No. 7347/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 411/2016 under Sections 420/506/34 IPC registered at PS Shahdara, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the respondent No. 2, who is the only complainant/victim alleged that she had

entered into a Collaboration Agreement with the petitioners for reconstruction of property bearing No.L-17, Naveen Shahdara and in lieu of the said construction she agreed to transfer the other property bearing No.L16, Naveen Shahdara, Delhi to the petitioners and was to get some monetary consideration in lieu of the execution of Sale Deed. He further states that in the above noted FIR two petitioners are the only accused and respondent No.2 the only complainant/victim.

Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners pursuant whereof the petitioners have handed over peaceful vacant possession of property No.L-17, Naveen Shahdara to her after reconstruction and she has executed a sale deed in favour of the petitioners qua property No. L-16, Naveen Shahdara and also received a monetary consideration in a sum of ₹1.35 crores. She states that she has no claims remaining against the petitioners and in terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement. The 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 the settlement arrived at between the parties. 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.

FIR in question.

Consequently, FIR No. 411/2016 under Sections 420/506/34 IPC registered at PS Shahdara, Delhi and proceedings pursuant thereto are hereby quashed.

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

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 23, 2018 'vn'