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Delhi High Court · 02 Jun 2011 · 2011:DHC:11188
A.K. Pathak
Crl. M.C. No. 1911/2011
2011:DHC:11188
criminal petition_allowed

AI Summary

The court quashed the FIR and criminal proceedings against the petitioner based on an amicable settlement and the complainant's no objection.

Full Text
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A-9
% 02.06.2011
Present: Mr.R.S. Goswami, Adv. for the petitioner.
Mr.Arvind Gupta, APP for the State with ASI Prit Pal
Singh from P.S. Paharganj.
Mr. S.C. Jain, Advocate for R-2
+ Crl. M.C. No. 1911/2011
*
On the complaint of respondent No.2, FIR No. 385/2003, under Sections 420/468/471/120-B IPG was registered at P.S.
Paharganj. The complainant had alleged in the FIR that he had purchased House No. 9793, Gali No. 7, Multani Dhanda, Paharganj from Atro Devi. Kali Shankar was tenant of Atro Devi.
Subsequently, he claimed himself to be the owner of the aforesaid house on the basis of GPA, Agreement to Sell etc. allegedly executed by one Suraj Bhan who was the husband of Atro Devi. In nutshell, case of the complainant was that Kali Shankar, in connivance with
Veeru, Jeet Kumar and Darshan Lai, had forged and fabricated these documents. During the investigation it had surfaced that the petitioner Jeet Kumar had witnessed the documents.
Initially, charges under Sections 420/468/471/120-B IPG were framed by AGMM against the petitioner on 30.06.2009.
Petitioner had filed a Griminal Revision No. 29/2009 before the
Additional Sessions Judge wherein the order was modified and it
2011:DHC:11188 was held that, prima facie, a case against the petitioner was made out for the offence under Section 465 IPG. Pursuant to this order, charge under Section 465 IPG was framed by the AGMM against the petitioner.
Now the petitioner and respondent No.2 have settled their disputes amicably. Respondent No. 2 is present in the court today.
He has been identified by I.O. ASI Prit Pal Singh. He states that he has no objection if the FIR is quashed.
Having regard to the fact that settlement has been arrived at between the parties, in the larger interest, FIR No. 385/2003, under
Sections 420/468/471/120-B IPG registered at P.S. Paharganj and all the proceedings emanating therefrom are hereby quashed qua the petitioner only.
The petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
June 02, 2011 acm
2011:DHC:11188
JUDGMENT