Full Text
CRL.M.C. 2798/2013
RIYAZUPDIN & ORS. Petitioners
Through: l^r. A.K. Goyal, Advocate with petitioners in person.
Through: l^r. Naveen Sharma, Add). PR Respondent No.2 in person.
CRL.jvl.C. 2807/2013 IS1_A|V|UDDIN & ORS. Petitioners
Through: i^r. A.K. Goyal, Advocate with petitioners in person.
Through: Mr. Naveen Sharma, Add!. PP Respondents No.2 and 3 in person.
ORDER o/o 23.08.2013
JUDGMENT
1. The present petitions have been filed by the petitioners under Section 482 Cr.PC praying inter alia for quashing of FIR No.415/2011 lodged under Sections 380/448/506 IPC at Police Station: Welcome and the Complaint Case No.2/2012 lodged under Sections CRL.M.C. Nos,2798 & 2807/2013 Page No.l of 4 i 2013:DHC:7399 L 12Q-B/166/342/348/354/376B/380/382/448/506/34 IPC and pending in the court of Shri Ankur Jain, i^ietropolitan ivjagistrate, Karkardooma Courts, Delhi.
2. On the last date of hearing, counsel for the petitioners had sought time to place on record the Memorandum of Understanding to be executed between the parties. The said Memorandum of Understanding dated 17.08.2013 has now been placed on record- Counsel for the petitioners states that the petitioners in CrI.M.C. 2798/2013 have paid a sum of ?1,15,000/- to the respondent No.2 (petitioner No.l in CrI.M.C.2807/2013) towards the occupation charges of the disputed premises and further, they had vacated the premises in the end of the year 2011.
3. The respondent No.2 in CrI.M.C. 2798/2013, who is present in Court and is identified by the Investigating Officer, confirms the fact that he has arrived at a settlement with the petitioners of his own free will and volition and without any undue influence or coercion from any quarter. He also states that he has received a sum of ?1,15,000/- from the petitioners and had received the vacant physical possession of the suit premises and now there is no pending dispute with the petitioners. CRL.M.C. Nos.2798 & 2807/2013 Page No.2 of 4 ( }
4. Learned Addl. PP states that after completion of investigation, charge-sheet has been filed and the case is at the stage of arguments on charge. He submits that as valuable manhours of the police have been spent on pursuing the present case, if the Court is inclined to allow the present petition, then costs may be imposed on the petitioners.
5. The Court has heard the counsel for the petitioners and the respondent No.2, who are present in Court. As noted above, the respondent No.2/complainant has arrived at a settlement with the petitioners of his own free will and volition and without any undue influence or coercion from any quarters. This Court is therefore of the opinion that no useful purpose will be served by proceeding further with the aforesaid FIR and the Complaint Case and the proceedings arising therefrom.
6. Accordingly, the prayer made in the petitions is allowed. FIR No.415/2011 registered at Police Station: Welcome and the Complaint Case No.2/2012 pending in the court of Shri Ankur Jain, Metropolitan Magistrate, Karkardooma Courts, Delhi, and all the proceedings arising therefrom are quashed, subject to the condition that the petitioners in CRL.M.C. Nos.2798 & 2807/2013 Page No.3 of 4 Crl.M.C. 2798/2013 shall deposit costs of ?10,000/- each in the following manner:- (i) ?^10,000/- shall be deposited with the Delhi Police Welfare Fund. (ii) ^^10,000/- shall be deposited with Seva Bharti Matri Chhaya, Shri Dolat Ram Ahuja Sewa Kendra, B-2/2, Mianwali Nagar, New Delhi-110087(near Richmond Public School)
7. Needful shall be done within two weeks, Proof of deposit shall be placed on record within one week thereafter with a copy to the learned Addl. PP for the State.
8. The petition is disposed of.