Mahesh Bhardwaj v. State ( Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2901/2015 MAHESH BHARDWAJ ..... Petitioner Through:

Ms. Seema Gupta, Adv.

versus STATE ( GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Avi Singh, ASC with Ms. Megha Bahl, Adv. along with SI Praveen Kumar, P.S. Mandawali.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.07.2016 Present FIR 793/2014 was registered against the petitioner and respondent no. 5 under Sections 420/468/471/506/34 IPC at the police station Mandawali on the complaint of respondent nos. 2 and 3. Disputes revolve around the property no. 148-B/7, Pandit Chowk, Mandawali Fazalpur, Delhi - 110092 owned by the respondent no.2 and 3. Respondent nos. 2 and 3 are husband and wife; whereas respondent no. 4 is father of respondent no.2.

It is alleged that a Collaboration Agreement was entered into between the respondent nos. 2 and 3 on one hand and petitioner on the other, for developing the aforesaid property on certain terms and conditions as stipulated in the said Agreement.

Respondent no. 5 is a property broker. Disputes arose regarding breach of

the agreement resulting in filing of civil suits. One of the suits was for specific performance of the agreement.

It is alleged that petitioner and respondent no. 5 tried to sell the property in question on the basis of some forged documents, without developing the property. Learned counsel for the petitioners submits that matter has been settled between the respondent nos. 2 to 4 and the petitioner before the Mediation Centre, Karkardooma Courts, Delhi on the terms and conditions as stipulated in the proceedings of learned Mediator dated 4th August, 2015. It is submitted that cheques have already been issued in terms of the settlement. Respondent nos. 2 to 4 are present in Court and admit that the disputes, including the present FIR have been settled between them and the petitioner. Respondent no. 5 is merely a property broker. Respondent nos. 2 to 4 submit that they do not wish to pursue the FIR any further against the petitioner and respondent no.5, in view of the compromise arrived at before the Mediation Centre.

Since the parties have compromised the matter before the Mediation Centre and respondent nos. 2 to 4 do not wish to pursue the FIR any further, in the interest of justice, FIR No.793/2014 under Sections 420/468/471/506/34 IPC registered at Police Station Mandawali and the

consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

JULY 18, 2016 ga