Dwarka Prasad Bansal v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1657/2018 DWARKA PRASAD BANSAL ..... Petitioner Through:

Mr. Ruchit Dagar, Advocate.

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

Mr. Ashish Negi, Advocate for Richa Kapoor, ASC for State with SI Bachchu Singh, PS-Keshav Puram.

Mr. A.K. Chadha, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.09.2018 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 0547/2017, under Sections 420 IPC, registered at Police Station-Keshav Puram, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner entered into an agreement with the complainant/respondent No.2 for purchase of a property of 75 square yards at Tri Nagar, Delhi. He has further submitted that due to some misunderstanding a dispute had taken place between them, resultantly, the complainant lodged FIR No.0547/2017, under Section 420 IPC at Police Station-Keshav Puram, Delhi. He has further submitted that after registration of the FIR qua against the petitioner, the relatives and the friends intervened and the matter has been settled between the parties vide

settlement deed dated 01.02.2018. He has further submitted that as per the terms of settlement, the petitioner has already handed over a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) to the respondent No.2, Mr.Raju Garg. Learned counsel for the petitioner further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant Mr.

Raju Garg is present in Court today and has been identified by the Investigating Officer, SI Bachchu Singh, PS-Keshav Puram. The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioner vide settlement deed dated 01.02.2018 and as per the terms of settlement he has already received Rs.6,00,000/- (Rupees Six Lakhs Only) vide cheque No.857298 dated 01.09.2018 drawn in favour of Raju Garg from the petitioner. He has further submitted that he has no claim or grievance left against the petitioner. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that he has no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.0547/2017, under Section 420 IPC, registered at Police Station-Keshav Puram, Delhi and all

proceedings arising therefrom are hereby quashed The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 06, 2018