Jai Bhagwanpanwar v. The State ( NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2651/2018 JAI BHAGWANPANWAR ..... Petitioner Through:

Mr. Sahil Munjal, Mr. Aditya Dogra and Mr.

Rhea Gandhi Munjal, Advocates along with petitioner in person.

versus THE STATE ( NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Avi Singh, Advocate with Ms. Purnima, Advocate for R-1 with SI Karan Pal, PS-Hauz Khas.

Mr. Amit Gupta, APP for State.

Mr. Nimit Mathur and Mr. Paramjit Singh, Advocates for complainant.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 06.09.2018 CRL.M.A.31472/2018 Exemption granted, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2651/2018 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 259/2017, under Sections 448/380 IPC, registered at Police Station-Hauz Khas, Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner is the landlord and the respondent No.2, Anastasia Poultidou and respondent No.3

Santosh Jindal, who are present in the Court, were the tenants. He has further submitted that due to some misunderstanding a dispute had taken place between the parties, resultantly, the complainant lodged FIR No. 259/2017, under Sections 448/380 IPC at Police Station-Hauz Khas, Delhi. He has further submitted that so far as the recovery is concerned, it was a misunderstanding between the parties, therefore, no recovery could be effected. He has further submitted that after registration of the FIR qua against the petitioner, the relatives and the friends intervened and the matter has been settled between the parties vide settlement deed dated 31.08.2018. He has further submitted that as per the terms of settlement, the petitioner has already handed over a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) to the respondent No.

2, Anastasia Poultidou. Learned counsel for the petitioner further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent Nos.2 & 3 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant Anastasia Poultidou and respondent No.3 Santosh Jindal are present in Court today and have been identified by their counsel Mr. Paramjit Singh and also by the Investigating Officer, SI Karan, PS- Hauz Khas. The respondent No.2/complainant and respondent No.3 also admit that the matter has been amicably settled with the petitioner vide settlement deed dated 31.08.2018 and as per the terms of settlement the respondent No.2, Anastasia Poultidou has already received

Rs.6,00,000/- (Rupees Six Lakhs Only) vide DD No.206853 dated 31.08.2018 in favour of Anastasia Poultidou from the petitioner. The respondent Nos.2 and 3 have further submitted that they have no claim or grievance left against the petitioner.

They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They further submit that they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No. 259/2017, under Sections 448/380 IPC, registered at Police Station-Hauz Khas, Delhi and all proceedings arising therefrom are hereby quashed The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 06, 2018