Anil Dhar & Ors v. State

Delhi High Court · 29 Jul 2011 · 2011:DHC:10846
Inspr. Lalit Kumar; V.K. Shau
CRL.M.C. 2437/2011
2011:DHC:10846
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 420, 467, 468, 471, and 34 IPC on the ground of settlement and repayment of sale consideration in a land dispute.

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$rv52 HIGH COURT OF DELHI
CRL.M.C. 2437/2011
ANIL DHAR & ORS
Through
VERSUS
STATE..... Petitioners Mr. Seraj Ahmed and Mr. Mohsin Akhtar, Advocate ..... Respondent
Through Mr. Navin Sharma, APP
CORAM:
Mr. N. ,A. Khan, Advocate for respondent no.2 along with respondent no.2
Inspr. Lalit Kumar, P.S. Begumpur
HON'BLE MR. JUSTICE V.K. SHAU
Ofo 29.07.2011
ORDER

1. This is a petition filed by the petitipner for quashing of the FIR No.172/2010 under Section 420, 467, 471/34 IPC registered at Police Station Begumpur, Delhi. The investigation of the case is still pending. The ground for quashing the FIR is that the petitioners, who are accused persons in the aforesaid FIR, have settled the dispute with the complainant.

2. Both the petitioners are present and have been duly identified by their counsel.

3. Issue notice.

4. Mr. Navin Shama, learned APP accepts notice on behalf of the ( I 2011:DHC:10846 State.

5. Respondent no.2 is also present along with his counsel and he is identified by his counsel.

6. Learned counsel for respondent No.2 states that respondent No.2 has received an amount of Rs.11 lakhs, which was alleged to have been given to the petitioner for the purchase of land in question. It is further stated that on account of sale consideration having been given back to respondent no.2, he would have no objection if the FIR No. 172/2010 under Section 420, 467, 468, 471 and 34 IPC and investigation which is carried v? out by the local Police.be quashed.

7. The affidavit of respondent no.2 is already on record. The learned APP does not have any objection to the prayer in the petition.

8. I have gone through the record. Since, the dispute between the complainant and the present petitioners, relating to the sale and purchase of the land, has been settled on account of repayment of sale consideration to respondent no.2, I feel that no useful purpose would be served by keeping FIR No. 172/2010 under Section 420/467/468/471/34 IPC registered at PS Begumpur, Delhi and the consequent proceedings pending before the learned Metropolitan Magistrate. -.....

9. Accordingly, FIR No.172/2010 under Section 420, 467, 468, 471 and 34 IPC registered at PS Begumpur, Delhi and the consequent investigation are quashed.

10. The petition stands disposed of.

11. File be consigned to Record Room. JULY 29,2011 b ~ V.K. SHALI,J