Sunder Lal Khatri & ORS v. State (Govt Of NCT Of Delhi) & ANR
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4911/2017 SUNDER LAL KHATRI & ORS ..... Petitioner Through: Petitioners are present in person versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through: Mr. Panna Lal Sharma, APP for State SI Lalit Kumar, PS, DBH Road Mr. R. K. Bachchan, Adv. for R-2 SI Lalit Kumar, PS DBH Road
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% Vide the present petition, the petitioners seek the quashing of the FIR bearing No. 22/09, U/s 420/467/471/472/120-B IPS, PS. DBG Road, Delhi.
It is submitted by parties that a settlement has been arrived at between the parties and that there are no further claims left of the respondent No.2, qua FIR no. 22/09 U/s 420/467/471/472/120-B IPS, PS. DBG Road, Delhi against the four petitioners. The Investigating Officer SI Lalit Kumar on the basis of the Aadhar Cards of the petitioners and the respondent no. 2 has identified them and the photocopy of the same are which are Ex.CW1/A to Ex.CW-1/D and Ex.CW-2/B respectively. Respondent no. 2, present in court has testified on oath that the matter has been settled between him and the petitioners and he had initially received a sum of Rs. 10 lakhs and thereafter a sum of Rs. 3
lakhs. Thus in total he had received a sum of Rs. 13 lakhs from the petitioners as compensation.
Taking into account the statement made by the respondent no. 2 and statement made by the Investigating Officer as CW-1 and the factum that the respondent no. 2 has received adequate compensation, as stated by him, in the interest of justice, the prayer made by petitioners seeking quashing of FIR No.
22/09, U/s 420/467/471/472/120-B IPC, PS. DBG Road, Delhi and all proceedings emanating therefrom is allowed and thus the FIR No. 22/09, U/s 420/467/471/472/120-B IPC, PS. DBG Road and all proceedings therefrom are quashed.
NOVEMBER 27, 2017 NR/vm
IN THE HIGH COURT OF DELHI: NEW DELHI
Item No. 40 Crl. M.C. 4911/2017 SUNDER LAL KHATRI & ORS Vs. STATE & ANR.
CW-1 Statement of SI LALIT KUMAR P.S. D.B.G. ROAD On S.A.
On the basis of Aadhar Cards of petitioners No.1 to 4 namely Sunder Lal Khatri, Sh. Bhawani Singh, Sh. Anand Khatri, Sh. Mayank Singh Tanwar (photocopy of which are Ex. CW1/A to Ex. CW1/D respectively)) and of the respondent no. 2 namely Mr. Vijay Kumar Saini (photocopy of which is Ex. CW2/B), I identify the petitioners arrayed as accused in the FIR No.22/09 under Sections 420/467/468/471/120B of the IPC, 1860 Police Station DBG Road and the respondent No.2, the complainant of the said FIR, present today in Court.
RO & AC
IN THE HIGH COURT OF DELHI: NEW DELHI
Item No. 40 Crl. M.C. 4911/2017 SUNDER LAL KHATRI & ORS Vs. STATE & ANR.
CW-2 STATEMENT OF MR. VIJAY KUMAR S/O MEHAR SINGH AGED 56 YEARS, PREVIOUSLY R/O O-11, A-4, DILSHAD GARDEN PRESENTLY R/O N-21, A-6, DILSHAD GARDEN On S.A.
I studied till standard Vth .
I run a travel agency. My affidavit bears my signatures at points A & B which is Ex.CW-2/A.
I have brought my original identity card, i.e., Aadhar Card bearing No.245732551812, a photocopy of which is Ex.CW-2/B (original seen & returned).
Though I cannot read English, I am aware of the contents of the affidavit Ex.CW-2/A. The matter between me and the petitioners No.1 to 4 has been settled in relation FIR No.22/09 under Sections 420/467/468/471/120B of the IPC, 1860 Police Station DBG Road whereby I have received a sum of Rs.10,00,000/- initially from the petitioners No.1 to 4 namely Sunder Lal Khatri, Sh. Bhawani Singh, Sh. Anand Khatri, Sh. Mayank Singh Tanwar and also thereafter a sum of Rs.3,00,000/-, i.e., total sum of Rs.13,00,000/- has been received by me from the petitioners as compensation. I do not seek to pursue the FIR No.22/09 under Sections 420/467/468/471/120B of the IPC, 1860 Police Station DBG Road against these four petitioners.
I have signed the affidavit Ex.CW-2/A voluntarily of my own accord without any duress, coercion or pressure from any quarter. I have made this statement voluntarily of my own accord without any duress, coercion or pressure from any quarter. RO & AC