Full Text
CRL.M.C. 3048/2011
RUKMUDDIN Petitioner
Through: Mr. Gajendra Mohan, Advocate with Petitioner in person.
Through: Mr. Mukesh Gupta, APP for the State with SI Karamvir Singh, PS Fatehpur
Beri.
Ml". Umesh Prasad, Advocate for Respondent No. 2 with Respondent
No. 2 in person.
COl^M:
HON'BLE MS. JUSTICE MUKTA GUPTA
12.09.2011 Crl.
M.A. No. 10757/2011 fExemption)
Allowed, subjectto alljust exceptions.
Crl. M.C. No. 3048/2011 This is a petition for quashing of FIR No. 104/2010 under Sections
ORDER
420 IPG registered at PS Fatehpuri Beri, New Delhi on the complaint of Respondent No. 2. As per the complaint it is alleged that the Petitioner sold a piece of land measuring 320 Sq. Yards to the Gomplainant/Respondent No. 2 for a
CRL.M.C. 3048/2011 2011:DHC:12234 consideration of Rs. 10 laldis and also promised to hand over the peaceful possession. Since the Petitioner required the documents, Respondent No. 2 in good faith returned the documents, however, subsequently he neither gave back the original receipt nor the possession ofthe property. The parties have finally settled the matter and in terms of the settlement the Petitioner has paid to the Respondent No. 2 a sum of Rs. 5 lakhs. Learned APP for the State on instructions from SI Karamvir Singh, PS Fatehpur Beri, Delhi states that in the present FIR the Respondent No. 2 is the only victim and no other person is involved. The Complainant/Respondent No. 2 Mr. Tahir Anis Khan is present in person and is identified by his counsel and the Investigating Officer. Fie states that the Petitioner and Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement, the Petitioner had to pay Rs. ^5 lakhs out of which lakhs have already been paid to him and ?1 lakh have been paid to him today in the form of Rs. 90,000/- in cash and Rs.10,000/- vide Cheque No. 634817 dated 12'^ September, 2011 drawn on Punjab National Bank, Mehrauli, New Delhi. Respondent No. 2 further states that in view of the settlement between the parties, he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
CRL.M.C. 3048/2011 Page 2 of3 In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Consequently, FIR No. 104/2010 under Sections 420 IPG registered at PS Fatehpuri Beri, New Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposed of Order dasti. SEPTEMBER 12, 2011 'vn' MUKTA GUPTA, J. K > Mr\ X-D 3)j3-:f3( y
CRL.M.C. 3048/2011 .J & (^cA (^^fA
JUDGMENT