Amarjeet Mathur v. State (NCT Of Delhi) & ANR

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 839/2017 & Crl.M.A.4622/2017 AMARJEET MATHUR ..... Petitioner Through :

Petitioner in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through :

Ms. Kamna Vohra, ASC for R-1 with ASI Aadesh PS Begum Pur.

Respondent nos.2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.03.2017 Petitioner and respondent nos.2 & 3 are present in Court and have been identified by ASI Aadesh of police station Begum Pur. It is submitted that they have settled their disputes amicably, therefore, FIR No.149/2013 under Sections 420/465/468/471/506/120B IPC registered at police station Begum Pur, on the complaint of respondent no.2, may be quashed. Respondent no.2 is husband of respondent no.3. It is submitted that disputes arose between petitioner and respondent nos.2 & 3, with regard to sale transaction of 50 Sq. Yards land forming part of plot no.1804/4 in Khasra No.74/25 situated in Village Karala known as Tirthankar Nagar Jain Colony, Delhi-110081, had led to the registration of the present FIR. Respondent no.2 alleged that respondent nos.2 & 3 had purchased the said plot from petitioner and paid the entire sale consideration. Earnest money of `5,000/- was paid on

6th December, 2009 at the time of bayana execution. Remaining amount of `5,45,000/- was given on 1st January, 2010. Petitioner executed the relevant documents, that is, General Power of Attorney, Affidavit, Will, Receipt, Possession Letter, etc. in the name of respondent nos.2 & 3. Later on, it was revealed that petitioner was not the actual owner of the plot. Respondent nos.2 & 3 submit that they have settled the matter with petitioner of their own free will and without any undue force, pressure or coercion. They further submit that that they have already received `5,50,000/- from petitioner by way of two demand drafts, which have already been encashed. Respondent nos.2 & 3 submit that they are not willing to pursue the FIR any further.

Keeping in mind the facts as narrated above, more particularly, the settlement arrived at between petitioner and respondent nos.2 & 3 and that respondent nos.2 & 3 are not willing to pursue the FIR any further, in the interest of justice, FIR No.149/2013 under Sections 420/465/468/471/506/120B IPC registered at police station Begum Pur is quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

MARCH 31, 2017/dk