Full Text
JUDGMENT
1. The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.303/2000, lodged by petitioner No.2/complainant against petitioner No.l under Sections.420/468/471 IPC, registered with Police Station: New Friends Colony, Delhi.
2. As per the aforesaid FIR dated 29.06.2000, petitioner No.2/complainant alleged that he was the owner of property bearing No.526, Zakir Nagar, Gali No.9, Okhla, New Delhi, measuring 50 sq. yards. The said premises was given on rent to petitioner No.l at a monthly rent of ?1,500/- per month, excluding water and electricity charges. However, petitioner No.l defaulted in payment of rent since CRL.M.C. 3870/2010 2010:DHC:9248 s V the year 1999 and he also further sublet the aforesaid premises. As per petitioner No.2/connplainant, petitioner No.l tried to sell the property on the basis of forged and fabricated papers, which compelled him to file the aforesaid FIR.
3. Counsel for the petitioners states that apart from the aforesaid FIR, petitioner No.2/compiainant also instituted a suit for possession, mesne profit and permanent injunction against petitioner No.l, registered as Suit No. 155/2000, which was ultimately compromised by the parties by filing a joint application dated 01.10.2001 under Order 23 Rule 3 CPC. The settlement arrived at between the parties was recorded by the learned ADJ vide order dated 01.10.2001 (Page.16 and 17) and the suit was accordingly disposed of. Counsel for the petitioners states that petitioner No.l has now purchased the said premises from petitioner No.2/complainant and all the necessary documents for the sale have been executed and now the parties are left with no grievance against each other.
4. Petitioner No.2/complainant is present in Court and is identified by the counsel for the petitioners. He confirms the aforesaid position and states that the settlement has been arrived at with petitioner No:i of his own free will and volition and without any undue CRL.M.C. 3870/2010 Page 2 of[3] A influence or coercion from any quarter and that he has no objection to the FIR being quashed.
5. Learned APP for the State submits that after completion of the investigation, charge-sheet has been filed and the matter is pending trial. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.
6. This Court has heard counsels for the parties. In view of the submission made by petitioner No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.
7. Accordingly, the prayer made in the petition is allowed. FIR No. 303/2000, lodged by petitioner No.2/complainant with Police Station: New Friends Colony, New Delhi, and all proceedings arising therefrom are quashed.
8. The petition is disposed of. File be consigned to the record room. HIMA KOHLI,J DECEMBER 14,2010 rkb