Kailash & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4667/2017 & Crl. M.A. no. 18587/2017 KAILASH & ORS ..... Petitioners Through Mr. D.K. Pandey and Ms. Sarla Tanwar, Advs.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr.

Amit Gupta, APP with SI Devender, P.S. Dabri for respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.11.2017 It is submitted that property disputes between the petitioners and respondent no. 2 had led to registration of the present FIR No. 150/2012 under Sections 420/468/471/506/34 IPC at Police Station Dabri on the complaint of respondent no. 2.

It is submitted that petitioners and respondent no. 2 have settled their disputes amicably, vide a Memorandum of Understanding/Settlement dated 27th October, 2017; therefore, aforesaid FIR and the consequent proceedings emanating therefrom, may be quashed. Respondent no. 2 is present in Court and has been identified by SI Devender of Police Station Dabri. It is submitted that petitioners have paid

`22,00,000/- to the respondent no. 2 through three cheques, photocopies whereof have been placed on record, which have been accepted by the respondent no. 2, subject to encashment thereof. Respondent no. 2 says that he has settled the matter with the petitioners of his own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that with this payment, entire settled amount stands paid and he is not willing to pursue the FIR any further and the same may be quashed. Keeping in mind the aforesaid facts and the nature of disputes which has civil flavour, in the interest of justice, FIR No. 150/2012 under Sections 420/468/471/506/34 IPC registered at Police Station Dabri and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

NOVEMBER 14, 2017 r.bararia