Ram Parvesh & ANR v. State & ANR
5# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAM PARVESH & ANR ..... Petitioners Represented by:
Ms. Ayushi Sharma and Mr.
Rakesh Beniwal, Advocates with petitioners in person.
versus STATE & ANR ..... Respondents Represented by:
Ms. Richa Kapoor, Additional Standing Counsel for the State with SI Sumit Thakran, PS Bhalswa Diary.
Mr. Sumeet, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 13.12.2017 By the present petition the petitioners seek quashing of FIR No. 367/2014 under Sections 420/468/471/120B IPC registered at PS Bhalswa Dairy, 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 five petitioners are the only accused and the respondent No.2 the only complainant/victim. Learned Additional Standing Counsel for the State further states that the forged and fabricated documents for which FIR was
got registered by respondent No.2 which were duly seized vide seizure memo by the Investigating officer are in the possession of the Investigating Officer.
Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners and as per the settlement the petitioners have undertaken not to act on the forged and fabricated General Power of Attorney dated 22nd May, 2012 and 1st June, 2012 besides the affidavits and receipts etc. He further states that the original title documents of the property bearing Plot No. B-34, Street No. 3, Khasra No. 56, Janta Vihar, Mukandpur, Delhi have been handed over to him and now he has no grievance against the petitioners. He further states that in terms of the settlement he does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.
The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the Settlement and that they have no claim whatsoever on the property bearing Plot No. B-34, Street No. 3, Khasra No. 56, Janta Vihar, Mukandpur, Delhi. Petitioners also state that to show remorse they are willing to deposit some cost. 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, rather the same would create further acrimony between them, 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. 367/2014 under Sections 420/468/471/120B IPC registered at PS Bhalswa Dairy, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a total sum of ₹10,000/- with the Delhi High Court Legal Services Committee within four weeks.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
DECEMBER 13, 2017 'vn'