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HIGH COURT OF DELHI
CRL.M.C. 2446/2011
/o BAGWAN DAS ..... Petitioner
CRL.M.C. 2446/2011
/o BAGWAN DAS ..... Petitioner
VERSUS
Through Mr. S.C. Singhal, Adv. with Petitioners in person.
S'TIATE OF DELHI & ORS ..... Respondent
S'TIATE OF DELHI & ORS ..... Respondent
CORAM:
Through Mr. Mukesh Gupta, APP for State with SI Birender, P.S. Dabri.
Mr. Vikash Sharma, Adv. for R-2 to 4 with respondents in person. ujON'BLE MS. JUSTICE MUKTA GUPTA
01.09.2011 By this petition the Petitioner seeks quashing of FIR No. 511/1995 under Section 448 IPC registered at P.S. Dabri on the complaint of one Shri
Krishan Singh, S/o Shri Mohar Singh.
Tlie allegations as set out in the FIR are that Shri Krishan Singh had taken on rent a shop in the year 1981 from Shri Bhagwan Dass. On 15th
Novembler, 1985 at about 9.30 AM when he reached his shop his landlord
Bhagwah Dass along with his wife Roop Rani dispossessed him from his shop and threw his goods from the rented portion of property bearing No.
CRL.M.r:. 2446/2011 page I of 3 2011:DHC:9751
RZ-108, Gali No.4, East Sagar Pur, New Delhi. The complainant Krishan
Singh has died. The matter was referred to mediation in .the civil proceedings being RSA No. 20/2010 pending before this Court. During the mediation proceedings the parties i.e. the Bhagwan Dass and the legal heirs of deceased complainant Krishan Singh Pawnar have settled the matter. The three legal heirs Smt. Usha Panwar, Shri Deepak Panwar and Smt. Asha Chauhan. the wife, son and daughter of the deceased are present in Court.
Smt. Archna Kumari the other daughter of the deceased Shri Krishan Singh
Panwar is residing in West Bengal and has filed an affidavit to this effect before this Court stating that she has settled the matter. In terms of the settlement the Petitioner has transferred the property No. RZ-1 08, measuring 203 sq. yds. in Khasra No. 105/ 87 & 88 Village Nasirpur, Colony now known as East Sagar Pur to Shri Deepak Panwar, Respondent
No.2 herein by executing the necessary documents. Besides the Petitioner his wife was also charge-sheeted. However, learned counsel for the
Petitioner states that the wife ofthe Petitioner Smt. Roop Rani has expired.
In view of the fact that the parties have settled the matter, the
Respondents No. 2,3 & 4 who are present in Court, duly identified by their counsel state that they do not want to pursue the abovementioned FIR and
CRL.M.C. 244612011 y the proceedings pursuant thereto. The Petitioner has agreed to sell the property to Shri Deepak Kumar the Respondent No.2 with the consent of all the Resp<!mdents. An affidavit of Respondent No.3 Smt. Archana has been filed which also states that the matter between the parties has been settled and she has no objection if the abovementioned FIR and the proceedings thereto ane quashed.
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. 511/1995 under Section 448 IPC registered at
P.S. Dab:ri 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.
Mr. Vikash Sharma, Adv. for R-2 to 4 with respondents in person. ujON'BLE MS. JUSTICE MUKTA GUPTA
01.09.2011 By this petition the Petitioner seeks quashing of FIR No. 511/1995 under Section 448 IPC registered at P.S. Dabri on the complaint of one Shri
Krishan Singh, S/o Shri Mohar Singh.
Tlie allegations as set out in the FIR are that Shri Krishan Singh had taken on rent a shop in the year 1981 from Shri Bhagwan Dass. On 15th
Novembler, 1985 at about 9.30 AM when he reached his shop his landlord
Bhagwah Dass along with his wife Roop Rani dispossessed him from his shop and threw his goods from the rented portion of property bearing No.
CRL.M.r:. 2446/2011 page I of 3 2011:DHC:9751
RZ-108, Gali No.4, East Sagar Pur, New Delhi. The complainant Krishan
Singh has died. The matter was referred to mediation in .the civil proceedings being RSA No. 20/2010 pending before this Court. During the mediation proceedings the parties i.e. the Bhagwan Dass and the legal heirs of deceased complainant Krishan Singh Pawnar have settled the matter. The three legal heirs Smt. Usha Panwar, Shri Deepak Panwar and Smt. Asha Chauhan. the wife, son and daughter of the deceased are present in Court.
Smt. Archna Kumari the other daughter of the deceased Shri Krishan Singh
Panwar is residing in West Bengal and has filed an affidavit to this effect before this Court stating that she has settled the matter. In terms of the settlement the Petitioner has transferred the property No. RZ-1 08, measuring 203 sq. yds. in Khasra No. 105/ 87 & 88 Village Nasirpur, Colony now known as East Sagar Pur to Shri Deepak Panwar, Respondent
No.2 herein by executing the necessary documents. Besides the Petitioner his wife was also charge-sheeted. However, learned counsel for the
Petitioner states that the wife ofthe Petitioner Smt. Roop Rani has expired.
In view of the fact that the parties have settled the matter, the
Respondents No. 2,3 & 4 who are present in Court, duly identified by their counsel state that they do not want to pursue the abovementioned FIR and
CRL.M.C. 244612011 y the proceedings pursuant thereto. The Petitioner has agreed to sell the property to Shri Deepak Kumar the Respondent No.2 with the consent of all the Resp<!mdents. An affidavit of Respondent No.3 Smt. Archana has been filed which also states that the matter between the parties has been settled and she has no objection if the abovementioned FIR and the proceedings thereto ane quashed.
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. 511/1995 under Section 448 IPC registered at
P.S. Dab:ri 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.
JUDGMENT