Devender Kumar @ Devinder Kumar & ANR v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2991/2017 DEVENDER KUMAR @ DEVINDER KUMAR & ANR ..... Petitioners Through Mr.Tarun Kr. Makhija, Adv. with Mr.R.K. Kohli, Adv.

versus THE STATE & ANR ..... Respondents Through Mr.Hirein Sharma, APP for State ASI Devender Kr., P.S. Uttam Nagar Mr.Vinit Virmani, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 03.08.2017 Crl. M.A. 12390/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

Crl. M.C. 2991/2017 &Crl. M.A. 12389/2017 This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.1197/1999, under Sections 420/468/471/34 IPC, registered at P.S. Uttam Nagar and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the complainant had purchased a plot from the petitioners, but due to the misunderstanding arisen between the parties, the respondent No.2 got registered the aforesaid FIR. He further submits that after the registration of the FIR, the near friends

intervened and the matter has been amicably settled between the parties, which has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi, vide Settlement Deed dated 17.10.2016. He further submits that as per the settlement the money received by the petitioners have already been returned to the complainant and nothing further remains to be adjudicated. He further submits that the present FIR is coming as hurdle in the peaceful life of the present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by his counsel Mr.Vinit Virmani, Advocate.

The complainant admits that the matter has been amicably settled with the petitioners and he has received all the amounts which were paid by him to the petitioners for purchasing the plot. He further submits that the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and nothing remains to be adjudicated further between them. He further submits that he has no objection, if the FIR in question is quashed.

Looking into the above facts and circumstances of the case since the dispute has been amicably resolved and misunderstanding has been sorted out and nothing further remains to be adjudicated between them, to have peace in the life of the parties and better relations in near future and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same. Consequently, the FIR No.1197/1999, under Sections 420/468/471/34 IPC, registered at P.S. Uttam Nagar and all subsequent proceedings arising therefrom are hereby quashed.

The present petition and the accompanying application are disposed of accordingly.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 03, 2017/km