Shri Gagan Kakkar & ORS v. State NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4009/2017 SHRI GAGAN KAKKAR & ORS ..... Petitioners Through:
Mr.Sanjay Dewan and Ms.Palak Rohmetra, Advocates with the petitioners in person.
versus STATE NCT OF DELHI & ANR ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State with SI Sandeep, DIU/SD.
Mr.Mukul Rawat, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 26.09.2017 CRL.M.A.16162/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 4009/2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.494/2014, under Sections 468/471/120B/420 IPC, registered at Police Station Mehrauli, New Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that there was a relationship of landlord and tenant between the parties and the petitioners
were the tenants of the respondent No.2 and due to the misunderstanding arisen between the parties, the aforesaid FIR was got registered by the respondent No.2 against the petitioners.
Counsel further submits that after the registration of the aforesaid FIR, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 5th August, 2017 and subsequently the same has also been reduced into writing before the Mediation Centre, Saket Courts, New Delhi on 8th August, 2017 and the same has been acted upon between the parties and nothing further remains to adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the aforesaid FIR and its subsequent proceedings arising therefrom may be quashed. The respondent No.2 Shri Dharam Pal Chhabra is present in person and has been identified by the IO SI Sandeep, P.S. Mehrauli, New Delhi and also represented by his counsel Mr.
Mukul Rawat, Advocate. The respondent No.2, present in person, admits the amicable settlement reached between the parties before the Mediation Centre, Saket Courts, New Delhi and execution of settlement/compromise deed dated 05.08.2017 and 08.08.2017. He further admits that the petitioners were his tenants and he has obtained the possession of the tenanted premises from them. He further submits that the said settlement is voluntary and without any force, pressure or coercion and nothing further remains to be adjudicated between them and he has no objection if the present FIR is quashed.
Looking into the above facts and circumstances, since the misunderstanding has been sorted and the dispute has been amicably settled between the parties and the same has been reduced into writing on
05.08.2017 and 08.08.2017 and the possession of the tenanted premises has been given by the petitioners to the respondent No.2/complainant and nothing further remains to be adjudicated between them, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom. Consequently, FIR No.494/2014, under Sections 468/471/120-B/420 IPC, registered at Police Station Mehrauli, New Delhi and all subsequent proceedings arising therefrom.
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 SEPTEMBER 26, 2017 'dc'