Sudha Diwan & ORS v. State ( Govt Of NCT Of Delhi) & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1930/2016 SUDHA DIWAN & ORS ..... Petitioners Through:

Mr. H.C. Sukhija & Mr. Rohit Shankar, Advocates.

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

Ms. Richa Kapoor & Ms. Kamna Vohra, Advocates along with SI Sukhi Ram, PS- North Rohini, for the State.

Mr. Ajay Satija & Mr. Anil Atkan, Advocates for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 18.07.2016 Crl.M.A. No. 10090/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1930/2016 Issue notice. Ms. Richa Kapoor accepts notice on behalf of the State. Respondent No.2 is present in Court. He is identified by the I.O. This petition has been filed for quashing of FIR No.897/2015 under Section 420/ 406/ 506/ 120-B IPC read with Section 34 IPC registered at Police Station - North Rohini, Delhi and the proceedings arising therefrom. At the behest of respondent No.2, the aforesaid FIR came to be registered in relation to property transaction between the parties whereunder the

petitioners had agreed to sell their property to respondent No.2/ complainant. Disputes arose between the parties leading to registration of the aforesaid FIR.

The parties have entered into an undated settlement which is Annexure P-2 to this petition. Under the settlement, the petitioners have agreed to pay to the complainant Rs.83 Lakhs apart from complying with the terms & conditions contained in the said settlement. The sale deed in respect of the first floor of the property bearing No.12 & 57, Block-C, Pocket-9, Sector-7, Rohini, Delhi has been executed in favour of the nominee of the complainant. The petitioners have come with a pay order for an amount of Rs.83 Lakhs drawn in favour of the respondent No.2/ complainant drawn on IDBI Bank, which has been tendered to respondent No.2/ complainant and accepted by him in Court. He states that subject to strict compliance of all the terms & conditions/ full and final settlement of Annexure P-2 by the parties, the FIR in question may be quashed.

The complainant's affidavit in support of the petition is also on record. In view of the aforesaid, no useful purpose would be served in proceeding with the investigation and further action in the aforesaid FIR. Subject to payment of costs of Rs.20,000/- into the Prime Minister's National Relief Fund within two weeks, the FIR in question and the proceedings arising therefrom stand quashed.

Dasti.

VIPIN SANGHI, J JULY 18, 2016 B.S. Rohella