Full Text
W.P.(CRL) 1414/2013 and Crl. MA 15179/2013 (for stay)
ASHOK KUMAR Petitioner
Through: Mr. Ajay Kumar Pipaniya and Mr.Rohit Arora, Advocates with petitioner in person.
1^._
Through: Mr. Rajat Agnihotri, Advocate with Mr. Rajesh Mahajan, ASC for the
State along with SI Virender PS Vijay Vihar.
Mr. Manish Dixit and Mr. Dinkar Chaudhary, Advocates for the complainant/R-2 withR-2in person.
04.09.2013 Cri. M.A. 13194/2013 (for exemption)
Exemption allowed, subject tojustexceptions.
The application stands disposed of.
W.P.(CRL^ 1414/2013
ORDER
1. This is a petition under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C. for quashing ofFIR No.390/2013 under Sections 448/380 IPC registered at Police Station Vijay Vihar 2013:DHC:7521 on the complaint of Ravi Verma wherein he stated that he had three shops on rent for 15 years at B-690, Sector-1, Avantika Market, Near Grover Sweet where he was doing the business of artificial jewellery and garments. He had taken these three shops on rent from Ashpk KumarMittal at the rate of Rs[1],500/-permonth. Drainage work was ^ going on adjoining the shop by MCD under the supervision of JE Parvesh Mayur. Itwas found that shutters oftwo shops were alright, however, the owner of the shop Ashok Kumar Mittal got shutter of one shop damaged and articles, comprising of artificial jewellery, cosmetics and garments, were removed to some unknown place. The owner also took possession ofthe shop unauthorisedly. On the basis ofthis complaint FIR No. 390/2013 was registered.
2. Respondent No.2 also filed a suit for permanent injunction ^ restraining the petitioner from dispossessing him from the kiosk. The matterwas referred to mediation centre where the parties have settled their disputes for a total sum of Rs.8,00,000/-, out of which Rs.3,25,000/- was paid by the petitioner on 18.8.2013 and the balance amount was tobepaid atthe time ofquashing oftheFIR.
3. Respondent No.2 is present in person. He has been duly % identified by the Investigating Officer SI Virender.
4. The statement of petitioner as well as of respondent No.2 has been recorded separately in the Court today wherein they have proved the compromise deed as Ex.P-1. They have further deposed that compromise has been affected between the parties voluntarily, without any threat or pressure. As per the settlement arrived at between the parties, a sum ofRs.3,25,000/- has already paid on 18*^ August, 2013. Today, a sum of Rs.3,00,000/- is paidin Court by the petitioner by way of two demand drafts in the sum of Rs.1,50,000/each bearing Nos. 073099 and 073100 both dated 31.08.2013 drawn on AXIS Bank Limited. The balance sum of Rs.1,25,000/- was paid in cash today.
5. Mr. Rajat Agnihotri, learned counsel appearing on behalf of Mr. Rajesh Mahajan, learned Additional Standing Counsel has no objectionin casethe FIR is quashed.
6. Under the circumstances, in view of the settlement arrived at between the parties, in the interest ofjustice and in order to maintain cordial relations between the parties no fmitful purpose willbe served by proceedingwiththe trial ofthe case. \
7. As such, the petition is allowed, FIR No. 390/2013 under Sections 448/380 IPG registered at Police Station Vijay Vihar and all the proceedings arising therefrom are hereby quashed.
8. A copyof this order be given dasti.
SUNITA GUPTA, J SEPTEMBER 04,2013