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High Court of DelhiW.P.(CRL)/1473/2016

Kapil Chopra & ANR v. State & ANR

2016-08-04Hon'Ble Mr. Justice A.K. Pathak5 pages

\> $-9 to 14,38 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 1464/2016 & CrLM.A.Nos.7640/2016 & 7641/2016 KAPIL CHOPRA Petitioner Through: Mr- Rakesh Mukhija, Adv. with petitioner in person.

;

Through; Ms. Mallika Parmar, Adv. for Ms.

Ri.cha Kapoor, ASC for R-1 with SI Sanjiv Mandal PS Kotla Mubarak W.P.(CRL) 1465/2016 & Crl.M.A.Nos.7642/2016 & 7643/2016 Respondents ^ Through : Mr. R. S. Kundu, ASC and Mr. Ankit Kumar Gulia, Adv. for R-1 with SI Saniiv Mandal PS Kotla Mubarak W.P.(CRL) 1467/2016 & Crl.M.A.Nos.7654/2016 & 7655/2016 Through : Mr. Rakesh Mukhija, Adv. with Through : Ms. Kamna Vohra, ASC for R-1 with By:AMULYA

SI Sanjiv Mandal PS Kotla Mubarak W.P.(CRL) 1468/2016 & Cri.M.A.Nos.7656/2016 & 7657/2016 petitioners in person, ;

.

Through : Ms. Nandita Rao, ASC for R-1 with SI Sanjiv Mandal PS Kotla Mubarak Rr2 in person.

W.P.(CRL) 1469/2016 & Crl.M.A.Nos.7658/2016 & 7659/2016 RAJ CHOPRA & ANR !

petitioners in person, ;

i Through : Ms. Nandita Rao, ASC for R-1 with SI Sanjiv Mandal PS Kotla Mubarak W.P.(CRL) 1473/2016 & Crl.M.A.Nos.7683/2016 & 7684/2016 |

Through : Ms. Kamna Vohra, ASC for R-1 with SI Saniiv Mandal PS Kotla Mubarak Puir.

R-^ in person.

W.P.(CRL) 1474/2016 & Crl.M.A.Nos.7685/2016 & 7686/2016 I Respondents ^ Through : Mr. R. S. Kundu, ASC and Mr. Ankit Rumar Gulia, Adv. for R-1 with SI Sanjiv Mandal PS Kotla Mubarak AND W.P.(CRL) 1773/2016 & Crl.M.A.9225/2016 SATISH CHOPRA & ANR Through: Mr. Sanjeev Singh, Adv. with Through : Mr. R. S. Kundu, ASC and Mr. Ankit Kumar Gulia, Adv. with SI Bhagat Ram Nain, PS EOW.

Mr. Rakesh Mukhija, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR.

JUSTICE A.K. PATHAK

ORDER

% 04.08.2016 By way of the above noted writ petitions, the petitioners therein have

r\ prayed for quashing of following FIRs.

FIR No.

Sections Police Station W.P. (CrI) No.

151/2013 420/467/468/471/120-B IPC Kotla Mubarak 1464/2016 Pur 1465/2016 Kotla Mubarak 496/2015 120-B/420/465/468/471/506 Pur IPC 1467/2016 118/2013 380/34 IPC Kotla Mubarak Pur 1468/2016 494/2015 120-B/420/465/468/471 IPC Kotla Mubarak Pur 1469/2013 157/2013 420/467/468/471/120-B IPC Kotla Mubarak Pur 1473/2016 497/2015 120-B /420/465/468/471/506 IPC Kotla Mubarak Pur 1474/2016 Kotla Mubarak 495/2015 12-B/420/465/468/471/506 Pur IPC 82/2013 420/406/468/471/120-B IPC E. 0. W.

1773/2016 The private parties involved in the above FIRs are relatives of each other. Mr. Satish Chopra and Mr. Kdpil Chopra are brothers. Smt. Raj Chopra is their mother. Smt. Poonam Chopra is wife of pre-deceased brother of Mr. Satish Chopra and Mr. Kapil Chora. Mr. Karan Chopra is son of Mr. Satish Chopra and Mr. Rahul Chopra is son of Mr. Kapil Chopra. Disputes arose between them in respect of their shares in the family properties and businesses, which led to filing of the various civil cases as well as lodging of above referred FIRs by one party against other. The parties have now settled their disputes, be it civil or criminal, vide Memorandum of

Understanding dated 3V^ July, 2013 along with Addendum to Memorandum of Understanding dated July, 2013 |executed on 30^*^ March, 2015. A I decree in CS(OS) No.2438/2014 has already been passed on lO^'' April, 2015 in terms of the compromise application being LA. No.7118/2015 coupled with Memorandum of Understanding dated 3U' July, 2013 and Addendum dated 30^*^ March, 2015. Complainant/R-2 in all the above referred FIRs are present in Court and have submitted th^t FIRs be quashed in view of the settlement.

Keeping in mind the facts that disputes involved in the above referred FIRs relate to the family members and that they have settled their disputes amicably, in order to maintain harmonious relations in future, inasmuch as, civil suit has been decreed by accepting the compromise, no fmitful purpose ^ would be served to keep them entangled in the present criminal proceedings. Accordingly, in the interest of justice, all the above referred FIRs, which are j pending investigations, are quashed.

Writ petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.

A-K^MTHA^.

AUGUST 04,2016/dk