Satvir Singh v. State & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2142/2016 SATVIR SINGH ..... Petitioner Through:

Mr. Ashok Drall, Advocate versus STATE & ANR.

..... Respondent Through:

Mr. Rajesh Mahajan, ASC with Mr.

Peeyush Bhatia, Advocate

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 26.07.2016 Issue notice. Mr. Mahajan, ASC, accepts notice. Notice is also accepted by respondent No.2 who is present in court and who is identified by SI Jitender Joshi, investigating officer.

This petition has been preferred to seek the quashing of FIR No. 1490/15 registered under Sections 420/468/471 IPC at police Station Aman Vihar, against the petitioner on the complaint of respondent No.2. The relief for quashing of FIR is sought on the basis of a compromise arrived at between the petitioner and respondent No.2 vide Memorandum of Understanding dated 09.06.2016. The disputes arose in relation to a plot bearing No. A-34, measuring 27 sq. yds. out of khasra No. 139/141, Gali

No. 29, Prem Nagar- 3, Shani Bazar, Road Kirari Suleman Nagar, Delhi. The complainant claimed to have purchased the said plot from Vikas who in turn acquired the same from Janki Devi wife of Prem Singh. On the other hand, the petitioner staked claim to the entire plot admeasuring 110 sq. yds. which included the aforesaid plot claimed by the complainant, which he acquired from Janki Devi directly.

I may note that according to the complainant, the original plot of 110 sq. yds. had been split up into three parts. Amrender Amar was owning and occupying 34 sq. yds; the complainant is occupying 27 sq. yds. and Bhuri Singh is occupying 46 sq. yds. Under the settlement, the petitioner has agreed to purchase the interest of the complainant admeasuring 27 sq. yds. for an amount of Rs. 3,35,000/-. Out of the said amount, Rs. 1.5 lacs already stand paid and further an amount of Rs. 1,50,000/- has been tendered to respondent No.2 in cash which he has accepted today in Court. The petitioner shall pay the remaining amount of Rs. 35,000/- upon the delivery of the original documents which are in possession of the complainant, to the petitioner. It is informed that the said documents are presently being held by the Investigating Officer.

The complainant shall also execute the necessary documents in favour of the petitioner at the time of payment of the balance consideration of Rs. 35,000/-. The petitioner who is present in court states that he has given up his claim to the remaining part of the original plot admeasuring 110 sq. yds and that he restricts his claim only to the portion being acquired from the complainant i.e. 27 sq. yds. The complainant, in view of the aforesaid settlement and the statement made by the counsel for the petitioner, joins the prayer for quashing of the FIR in question.

continuing with the proceedings and accordingly, the FIR in question is quashed.

The Writ Petition stands disposed of.

VIPIN SANGHI, J JULY 26, 2016 sl