Mewa Ram & ORS. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4853/2016 MEWA RAM & ORS ..... Petitioners Through Mr. R K Gupta, Advocate versus STATE & ORS.

..... Respondents Through Mr. Raghuvinder Varma, APP for State with SI Sandeep Kumar, PS New Usmanpur Mr. Dharma Pal Tiwari, Advocate for Respondent Nos. 2 to 5

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.04.2017 This is a petitioner under Section 482 CrPC for quashing of FIR No.99/2003 under Sections 420/468/471/120B/406/379/411/34 IPC registered at PS New Usmanpur and all proceedings emanating therefrom.

Learned counsel for petitioners submits that petitioners namely Mewa Ram, Ravinder @ Arvind Kumar, Naveen Goswami and Anil Kalia who are distantly related to complainant Smt Janak Pyari, purchased a vehicle i.e. Mahindra Jeep bearing No. UP 80T 0289 bearing chassis no DX305272. After the purchase of the said vehicle, due to some misunderstanding between the parties, an FIR No.99/2003 was registered at Police Station New Usmanpur under Sections 420/468/471/120B/406/379/411/34 IPC. He further submits

that with interventions of near relatives and friends, the matter has been amicably settled between the parties before the Mediation Centre, Karkardoom Courts, Delhi on 10th November, 2010. It is further submitted that since the matter stands settled between the parties which has been reduced into writing and the same has been acted upon by the parties, an amount of Rs. 2 lakhs has been paid by the petitioners to the respondents vide the following four demand drafts :-

1. DD No. 059570 drawn on PNB, Bhowali, Uttrakhand dated 15th April, 2017 for a sum of Rs. 68,000/-

2. DD No. 187037 drawn on OBC, Paschim Vihar Branch, New Delhi dated 17th April, 2017 for a sum of Rs. 18,000/-

3. DD No.391635 drawn on OBC, Paschim Vihar Branch, New Delhi 15th April, 2017 for a sum of Rs. 48,000/-

4. DD No.667030 drawn on Sybndicate Bank, Geeta Colony Branch, Delhi 13th April, 2017 for a sum of Rs. 66,000/- It is further submitted that now nothing remains to be paid and the aforesaid FIR is coming as hurdle in their lives and the same be quashed. Respondent Nos. 2 to 5 are present in the Court today and have been identified by the Investigating Officer SI Sandeep and represented through Mr. Dharampal Tiwari, Advocate.

Respondent nos. 2 to 5 admit having enterd into a settlement with the petitioners and having received Rs. 2 lacs in the aforesaid matter and submit that now nothing remains to be received and they have no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances, the present matter has been amicably settled between the parties which has been reduced into writing on 10th November, 2010 and the same has been acted upon by the parties.

Settlement amount has been paid to the respondents and now nothing remains to be paid and nothing remains to be adjudicated upon. I deem it fit to quash the aforementioned FIR 99/2003 under Sections 420/468/471/120B/406/379/411/34 IPC registered at PS New Usmanpur and all subsequent proceedings arising therefrom. The present petition is allowed.

Copy of order be given dasti to the parties.

I.S.MEHTA, J APRIL 18, 2017 sm