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High Court of DelhiCRL.M.C./2526/2018

Satinder Goyal & ANR v. State Of Delhi & ANR

2018-05-11Hon'Ble Mr. Justice Sanjeev Sachdeva3 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2526/2018 SATINDER GOYAL & ANR ..... Petitioners Through :

Mr Subhash Chand Budhiraja, Advocate.

versus STATE OF DELHI & ANR ..... Respondent Through :

Mr G.M.Farooqui, APP.

SI Satish Chand, PS Sarita Vihar.

Ms Sunita Arora, Advocate for R-2 with complainant in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 11.05.2018 Crl. M.A. 8978/2018(exemption), 8979/2018(exemption from filing ID proof) Allowed, subject to all just exceptions.

CRL.M.C. 2526/2018 1.

Petitioners seek quashing of FIR No.792/2015 under Sections 420/406 IPC, Police Station Sarita Vihar, based on a settlement. 2.

Subject FIR emanates out of a transaction for sale of property, which did not go through.

3.

Parties have settled their disputes. Settlement Agreement dated 16.02.2016 has been arrived at before the Mediation Centre, Saket Courts, New Delhi.

4.

By way of settlement, a total sum of Rs.12,00,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims.

The entire amount of Rs.12,00,000/- has already been paid 5.

Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She confirms that a settlement has been arrived at between the parties and in lieu of settlement, she has received the amount of Rs.12,00,000/- towards full and final settlement of all her claims and she has no objection for the quashing of the subject FIR.

6.

In view of the above and keeping in view of the fact that the parties have settled their disputes and Settlement Agreement dated 16.02.2016 has been arrived at before the Mediation Centre, Saket Courts, New Delhi and further respondent No.2 does not wish to press her complaint against the petitioners, 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 be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

7.

Accordingly, FIR No.792/2015 under Sections 420/406 IPC,

Police Station Sarita Vihar, and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 11, 2018 'Sn'