Ritu Bharara & ORS v. State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2186/2016 RITU BHARARA & ORS ..... Petitioner Through:

Ms. Priya Khurana, Advocate versus STATE & ANR ..... Respondent Through:

Ms. Richa Kapoor, ASC a/w SI Kishor Prasad, PS Grater Kailash

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 29.07.2016 Crl.M.A. No.11451/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2186/2016 Issue notice. Ms. Kapoor accepts notice on behalf of the State. Respondent no.2 is present in person and accepts notice. He is identified by the IO. Respondent no.2 has produced his driving license as proof of his identity. He has filed his affidavit in support of the petition.

This petition has been filed to seek the quashing of FIR No.15/2016 registered at PS Greater Kailash on the complaint of respondent no.2 against the petitioners. The complainant alleged that the petitioners had cheated him by agreeing to sell a property which they did not own. The complainant had made payment of large amount of monies to the petitioners. After the making of the complaint and registration of the FIR, the parties have arrived at a settlement. The petitioners have returned the monies paid by the complainant. The compromise deed dated 20.06.2016 is placed on record. Ms. Kapoor submits that the investigation is at a preliminary stage. Respondent no.2 is present in court and states that he does not wish to pursue the complaint in view of the settlement.

The allegations against the petitioners are with regard to fabrication and forgery of documents used for the purpose of cheating. In these circumstances, the petition is allowed and the FIR is quashed subject to deposit of costs of Rs.30,000/- to be deposited with the Prime Minster's National Relief Fund within two weeks. Copy of receipt of costs be deposited with the concerned IO.

VIPIN SANGHI, J JULY 29, 2016 sr