Chander Kala & ANR v. State NCT Of Delhi

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CHANDER KALA & ANR ..... Petitioner Represented by:

Mr. Muhammad Arif, Adv.

versus STATE NCT OF DELHI ..... Respondent Represented by:

Mr. Sanjay Lao, ASC with SI Samrat Khatiyan, PS Harsh Vihar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.11.2017 By the present petition the petitioners seek quashing of FIR No. 168/2014 under Sections 420/467/471/34 IPC registered at PS Harsh Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the

Petitioners vide the compromise deed dated 20th February, 2017 copy whereof is annexed as Annexure D to the present petition from pages 38 to 41 of the paper book. He states that since the property bearing No. D1/1347 situated at village Mandoli, Delhi constructed on an area admeasuring 55 sq.yds. is free from all encumbrances. He does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2. They state that Smt. Chander Kala/ petitioner No.1 was the erstwhile owner of the property mentioned above and having sold the same to respondent No.2 for a consideration of ₹25 lakhs which she has already received no third party interest would be created in the said property. The petitioners undertake to abide by the terms of settlement.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 168/2014 under Sections 420/467/471/34 IPC registered at PS Harsh Vihar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 30, 2017 'ga'