Sandeep Gehlot & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 884/2015 SANDEEP GEHLOT & ORS ..... Petitioners Through : Mr. Ajay Uppal, Adv.

Versus

STATE & ANR ..... Respondent Through :Mrs. Rajdipa Behura, ASC with SI Jagdish Kumar, P.S. Sagarpur for respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.04.2015 Crl. M.A. No.6351/2015 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 884/2015 and Crl. M.A. No.6352/2015 (stay) On the complaint of respondent no. 2, FIR No. 610/2014 under Sections 448/380/420/467/468/471/120-B IPC was registered at Police Station Sagar Pur against the petitioners. Respondent no. 2 has alleged that

petitioners had trespassed his property after breaking the lock of boundary wall and had raised construction. Respondent no. 2 has claimed that he is owner of the suit property. He produced the photocopy of title documents during the investigation. Investigations are still pending. During the pendency of investigation itself, petitioners and respondent no. 2 have settled their disputes amicably, inasmuch as respondent no. 2 has agreed to sell the suit property to petitioner no. 1 for `22,00,000/-. Respondent no. 2, who is present in court and has been identified by the Investigating Officer, submits that he has already received `11,00,000/- and `11,00,000/- will be paid by petitioner no. 1 at the time of execution of necessary documents conveying the title by the respondent no. 2 in favour of petitioner no. 1.

It is contended that execution of such documents would take place after quashing of the FIR. Respondent no. 2 submits that he is not interested in pursuing the FIR any further and the same may be is quashed. Keeping in mind that parties have settled their disputes amicably and respondent no. 2 has no objection in case FIR is quashed, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, FIR No.

610/2014 under Sections 448/380/420/467/468/471/120-B IPC registered at Police Station Sagar Pur

and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

APRIL 29, 2015 rb