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$46 HIGH COURT OF DELHI
W.P.(CRL) 540/2013
AJAY SHARMA.....Petitioner
Through Ms.Rajshree Bhatnagar for petitioner nos.1&2
Mr. M.S.Khan for petitioner no.3.
W.P.(CRL) 540/2013
AJAY SHARMA.....Petitioner
Through Ms.Rajshree Bhatnagar for petitioner nos.1&2
Mr. M.S.Khan for petitioner no.3.
VERSUS
STATE NCT OF DELHI
Respondent
Through Mr. Rajesh Mahajan, ASC for State Inspector Mr. M.R. Meena
Respondent
Through Mr. Rajesh Mahajan, ASC for State Inspector Mr. M.R. Meena
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
10.04.2013 Cr1.
M.A. No. 4373/13 Allowed subject to all just exceptions.
W.;.(CRL) 540/2013 By this petition filed under Section 482 Cr.P.C. the petitioners seek quashing of FIR No. 307/2012, registered under Sections 420/406/34
IPC at P.S. Santa Vihar and the criminal proceedings arising therefrom.
The parties are present in the court along with their respective counsels. They are duly identified through their respective counsels.
2013:DHC:7513 Counsel for petitioner nos.1 and 2 and the counsel for petitioner no3/complainant submit that both the parties have amicably settled all their disputes and in terms of the settlement the petitioner no.3 has already paid the total sale consideration amount of Rs. 1.06 crores to the petitioner no.2 and in consideration thereof, the petitioner no.2 has already executed a sale deed in favour of the petitioner no.3. Counsel also submits that the terms of the settlement have been duly recorded in the statement of Shri Ajay Sharma/ petitioner no.1 before the concerned
Magistrate.
Counsel for the State on instructions from the concerned 1.0. subiits that one Mr. Abhisekh Verma has also been named in the FIR but during the investigation no incriminating role of the said Abhisekh
Sharma was found.
I have heard learned, counsel for the parties.
Since the parties have amicably settled all their inter-se disputes
I am of the view that no useful purpose would be served in keeping the said
FIR and the proceedings arising therefrom against the petitioner nos. I and
2 alive any further. Consequently FIR No. 307/2012, registered under
Sections 420/406/34 IPC at P.S. Santa Vihar and the criminal proceedings arising therefrom are hereby quashed.
The petition stands disposed of accordingly.
DASTI.
KAILAMBHIR, J APRIL 10, 2013
10.04.2013 Cr1.
M.A. No. 4373/13 Allowed subject to all just exceptions.
W.;.(CRL) 540/2013 By this petition filed under Section 482 Cr.P.C. the petitioners seek quashing of FIR No. 307/2012, registered under Sections 420/406/34
IPC at P.S. Santa Vihar and the criminal proceedings arising therefrom.
The parties are present in the court along with their respective counsels. They are duly identified through their respective counsels.
2013:DHC:7513 Counsel for petitioner nos.1 and 2 and the counsel for petitioner no3/complainant submit that both the parties have amicably settled all their disputes and in terms of the settlement the petitioner no.3 has already paid the total sale consideration amount of Rs. 1.06 crores to the petitioner no.2 and in consideration thereof, the petitioner no.2 has already executed a sale deed in favour of the petitioner no.3. Counsel also submits that the terms of the settlement have been duly recorded in the statement of Shri Ajay Sharma/ petitioner no.1 before the concerned
Magistrate.
Counsel for the State on instructions from the concerned 1.0. subiits that one Mr. Abhisekh Verma has also been named in the FIR but during the investigation no incriminating role of the said Abhisekh
Sharma was found.
I have heard learned, counsel for the parties.
Since the parties have amicably settled all their inter-se disputes
I am of the view that no useful purpose would be served in keeping the said
FIR and the proceedings arising therefrom against the petitioner nos. I and
2 alive any further. Consequently FIR No. 307/2012, registered under
Sections 420/406/34 IPC at P.S. Santa Vihar and the criminal proceedings arising therefrom are hereby quashed.
The petition stands disposed of accordingly.
DASTI.
KAILAMBHIR, J APRIL 10, 2013
JUDGMENT