Mahender Tandon & ANR. v. The State & ORS.

28# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2594/2018 MAHENDER TANDON & ANR.

..... Petitioners Represented by:

Mr. Sumit Choudhary and Ms.

Aakanksha Bansal, Advocates with petitioners in person.

versus THE STATE & ORS.

..... Respondents Represented by:

Ms. Nandita Rao, Additional Standing Counsel for State with SI Pankaj Balyan, PS Shalimar Bagh.

Respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.10.2018 By the present petition the petitioners seek quashing of FIR No. 1131/2015 under Sections 406/420/468/506/467/34 IPC registered at PS Shalimar Bagh, 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, the respondent No.

the complainant/victim and the respondent No.3 is the other victim. Respondent Nos. 2 and 3 is present in Court and are identified by the Investigating Officer. They states that they have settled the matter with the W.P.(CRL) 2594/2018

petitioners vide Memorandum of Understanding dated 25th January, 2017, copy whereof is annexed as Annexure-B to the present petition. In terms of the settlement petitioners have paid back a sum of `50 lakhs to the respondent Nos. 2 and 3 and now the respondent Nos. 2 and 3 have no claim whatsoever qua the property bearing No. AD-7D, Shalimar Bagh, Delhi. They state that in view of settlement they do not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos.2 and 3 and undertake to abide by the terms of the settlement arrived at between the parties. 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, 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.1131/2015 under Sections 406/420/468/ 506/467/34 IPC registered at PS Shalimar Bagh, 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.

OCTOBER 10, 2018/'vn'

W.P.(CRL) 2594/2018