Smt Kamla v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SMT KAMLA ..... Petitioner Through :

Mr.Sahil Ralli & Mr.Sunil Kumar, Advocates along with petitioner in person.

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

Mr.Anita Abraham, APP with SI Pankaj Tomar, PS Kotwali.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 20.03.2017 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.280/2003 registered under Sections 419/420/468/471/120B IPC at PS Kotwali. Status report is on record. 2.

I have heard the learned counsel for the parties and have examined the Trial Court record. The petitioner and respondent No.2 are real sister and brother.

Petitioner's other brothers Ram Kishan Pyare Lal Dawar and Tilak Raj Pyare Lal Dawar have since expired. It was a property dispute among the legal heirs of deceased Pyare Lal Dawar, absolute owner of the property bearing No.914, Kucha Kabiley Attar, Chandni Chowk, Delhi, measuring 69 sq.yd. It

is informed that the matter has since been settled amicably and memo of understanding has been executed.

3.

It is further informed that earlier the petitioner was not an accused. Sunil Dawar, Tilak Raj Dawar and his son Sanjay Dawar were placed in column No.12 as allegations could not be established against them. Only Ram Kishan Dawar was placed in column No.11 in the charge-sheet for misappropriation of amount of `1,12,500/-. The matter was reinvestigated and supplementary charge was filed against the present petitioner.

Ram Kishan Dawar who was put in column No.11 has already expired and proceedings against him have abated.

4.

Complainant / respondent No.2 is present in person and has been identified by the Investigating Officer. I have enquired from the complainant if he has settled the dispute with the petitioner amicably without any fear or pressure. He has informed that all the disputes between the parties have been resolved amicably with his free consent and he has no objection to the quashing of the FIR in question. 5.

The petition is supported by affidavits of the parties. Both the petitioner and the complainant are senior citizens. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their family relations, FIR No.280/2003 registered under Sections 419/420/468/471/120B IPC at PS Kotwali and all the proceedings arising therefrom are quashed.

6.

The petitioner is directed to deposit ` 20,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

7.

The petition stands disposed of accordingly.

S.P.GARG, J MARCH 20, 2017 / tr