Rajan Yadav & ORS. v. State (NCT Of Delhi) & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5181/2015 RAJAN YADAV & ORS.

..... Petitioners Through Mr.C. Prakash, Advocate with Mr.Sachin Kumar, Adv. and petitioner Nos.1 & 2 in person versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through Mr.Kamal Kr. Ghei, APP for the State ASI Rajbir Singh, DIU-West Mr.Naveen Kumar, Adv. with R-2 in person

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 07.07.2017 Petitioner No.3 - Sunil Kumar Sharma is not present. He is represented through petitioner No.2 - Mukesh Kaushik as Special Power of Attorney.

This is a petition under Section 482 Cr.P.C. moved on behalf of the petitioners for quashing of FIR No.1113/2006, under Sections 420/468/471/34 IPC, registered at P.S. Rajouri Garden and all subsequent proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioners and the respondent No.2 were known to each other prior to the registration of the aforesaid FIR. He further submits that the present case was registered on the complaint of respondent No.2 as a dispute arose regarding property dealing.

He further submits that after the registration of the FIR, the near relatives and close friends intervened and the matter has been amicably settled between the parties, which has been reduced into writing on 03.02.2011 vide Compromise Deed. He further submits that consequent to the said settlement, one other FIR bearing No.1146/2006 against the present petitioners under Sections 420/468/471/34 IPC, registered at P.S. Rajour Garden has already been quashed by this Court on 21.12.2015 in Crl. M.C. No. 5162/2015. He also submits that the present FIR is the FIR to be given effect to the settlement reached between the parties. He further submits that the petitioners have already paid an amount of Rs.1 lakh as litigation expenses in the instant petition to the respondent No.2.

He further submits that nothing further remains to be adjudicated, however, the present FIR is coming as hurdle in the peaceful life of the present petitioners and prays that the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant is present in Court today and has been identified by the Investigating Officer, ASI Rajbir. The complainant admits that the matter has been amicably settled with the petitioners and the said settlement arrived at with the petitioners is voluntary and without any force, pressure or coercion and nothing remains to be adjudicated further between them. He also submits that he has also received an amount of Rs.1 lakh from the petitioners towards litigation expenses. He also submits that that he has no objection, if the FIR in question is quashed.

Looking into the above facts and circumstances of the case and perusal of the judgement passed by this Court in Crl. M.C. 5162/2015 on 21.12.

the parties and better relations in near future and to meet the ends of justice, I deem it appropriate to quash the aforesaid FIR and all subsequent proceedings arising out of the same.

Consequently, the FIR No.1113/2006, under Sections 420/468/471/34 IPC, registered at P.S. Rajouri Garden and all subsequent proceedings arising therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 07, 2017/km