Vimal Jindal v. The State ( Govt Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1565/2016 & Crl.M.A.8118/2016 VIMAL JINDAL ..... Petitioner Through :

Petitioner in person.

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

Mr. Sanjay Lao, ASC with SI Ram Phool PS Paschim Vihar.

Mr. Arpit Batra, Adv. for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.12.2016 Disputes between petitioner and respondent no.2 in respect of sale transaction of property bearing no.1019, Pocket-C1, Sector-28, Rohini, New Delhi had led to registration of present FIR No.263/2012 under Sections 406/420/468 IPC against the petitioner at the police station Paschim Vihar on the complaint of respondent no.2. It is submitted that petitioner and respondent no.2 have settled their disputes vide Memorandum of Understanding dated 9th May, 2016. Respondent no.2 is present in Court and admits having settled the matter with petitioner of his own free will and without any undue force, pressure and coercion. Respondent no.2 admits that he has already received `4 Lakhs from the petitioner. Balance payment

of `1 Lakh has been tendered by petitioner to respondent no.2 vide cheque, a photocopy whereof has been placed on record. Cheque has been accepted by respondent no.2 subject to its realization. Respondent no.2 submits that FIR may be quashed subject to realization of the cheque. Keeping in mind the settlement arrived at between petitioner and respondent no.2, FIR No.263/2012 under Sections 406/420/468 IPC registered at the police station Paschim Vihar, which is at the investigation stage, is quashed, subject to however realization of cheque of `1 Lakh handed over by petitioner to respondent no.2 in Court. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

DECEMBER 20, 2016/dk