Ajay Verma & ORS v. The State ( Govt Of NCT Of Delhi ) & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2753/2017 and Crl.M.A.No.11376/2017 AJAY VERMA & ORS ..... Petitioners Through:
Mr.S.G.Asthana, Advocate with the petitioners in person.
versus THE STATE ( GOVT OF NCT OF DELHI ) & ORS ..... Respondents Through:
Mr.Raghuvinder Varma, APP for State with SI Arun Ahlawat, P.S.
Farsh Bazar, Delhi.
Mr.Jaswant Mann, Advocate for R2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 20.07.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.195/2017, under Section 307/34 IPC, registered at Police Station Farsh Bazar, Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that due to misunderstanding, a dispute had arisen between the real brothers pertaining to the sale and distribution of shares of one house which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that a counter FIR bearing FIR No.194/2017 pertaining to the same incident was also got registered at the same Police Station under Section 307
IPC. Counsel further submits that after the registration of the aforesaid two FIRs, the near relatives and friends intervened and to have better relations and amicable solution of the dispute was searched out and the same was finally settled between the parties and the same has been reduced into writing vide settlement deed dated 09.06.2017 and as per the terms of the said settlement, it was decided amongst the brothers that the said property is to be sold out to some third party and the amount of the sale proceeds so received would be distributed to both the parties in equal share.
Counsel further submits that since better sense has prevailed upon the both the parties, who are real brothers, however, the aforesaid FIRs are coming as hurdle in the personal life of the parties and prays that the FIRs and all subsequent proceedings arising of the same may be quashed. The respondent No.2 Shri Vijay Verma is present in Court today and has been identified by the IO SI Arun Ahlawat, P.S. Farsh Bazar, Delhi. The respondent No.2 present in person admits the factum of amicable settlement with the petitioners vide settlement deed dated 9th June, 2017. The respondent No.2, present in person, submits that to have better relationship amongst the brothers they have sorted out the dispute and he has no objection if the FIR in question is quashed.
Looking into the aforesaid facts and circumstances, since the real dispute is arising from the distribution of share of the property bearing No.4/2866, Street No.1B, Bihari Colony, Delhi and since their shares stand determined and distributed equally vide settlement deed dated 9th June, 2017 and the terms of the said settlement have been acted upon between the parties and nothing further remains to be adjudicated between the parties, to have peace and better relationship amongst the brothers in present and in
near future and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom. Consequently, FIR No.195/2017, under Section 307/34 IPC, registered at Police Station Farsh Bazar, Delhi and all subsequent proceedings arising therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 20, 2017 'dc'