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High Court of DelhiCRL.M.C./2110/2017

Mahender Kumar Ahuja v. State & ORS

2017-11-24Hon'Ble Mr. Justice A.K. Pathak2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2110/2017 MAHENDER KUMAR AHUJA ..... Petitioner Through:

Mr. Ishaan Madaan Ms. Shivalika Vasudev, Advs.

versus STATE & ORS ..... Respondents Through:

Ms. Neelam Sharma, APP with ASI Ram Lakhan, P.S. Roop Nagar.

Respondent nos. 2 to 4 are present in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.11.2017 By this petition, petitioner has prayed for quashing of FIR No. 69/2012 under Sections 420/467/468/471 IPC registered at police station Roop Nagar. Respondent nos. 2 to 4 approached the learned Metropolitan Magistrate under Section 156(3) Cr.P.C for registration of FIR. Pursuant to the directions of learned Metropolitan Magistrate, aforesaid FIR was registered against the petitioner. It is submitted that respondent nos. 2 to 4 (complainants) are related to petitioner (accused). Respondent nos. 2 to 4 alleged that Will dated 17th June, 1985, propounded by the petitioner, was forged and fabricated will.

Learned counsel for the petitioner submits that matter has been settled between the petitioner and respondent nos. 2 to 4 amicably vide

Memorandum of Understanding dated 12th July, 2012, therefore, aforesaid FIR and the consequent proceedings emanating therefrom may be quashed. Respondent nos. 2 to 4 are present in Court and they have been identified by ASI Ram Lakhan of police station Roop Nagar. They admit having settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion. They say that they have received entire settled amount of `38 lacs, accordingly, they are not willing to pursue the FIR any further.

Keeping in mind the facts and circumstances of this case as detailed above, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 24, 2017 ga