Kumat v. Respondent Nos. 2 and 3

Delhi High Court · 26 Nov 2010 · 2010:DHC:15321
X. Patilak, J.
Crl. M.C. No. 2365/2010
2010:DHC:15321
criminal petition_allowed

AI Summary

The High Court quashed an FIR under Sections 448, 380, and 34 IPC based on a compromise between parties in a related civil suit, exercising its inherent powers under Section 482 CrPC.

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J+ tr o/o 26.1 1.20 10 present: Mr. Deepak TVagi, Adv. for the Petitioners with
Petitioners in Person'
Mr. M.p. sinah, APP for the state \Mith sl vijay
Kumat, P.S. Amar CoIonY'
Ms.SangeetaAggarwal,Ad'v.forrespondentNos.2 and3*itt'respondentNos.2and3inperson.
+ Crl. M.C. No. 2365/2O1O
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By this petition und,er section 482 Cr.P.C. petitioners seek quashing of FIR No. 20612010 und"er sections 4481380 134 IPC registered at police station Amar Colony. As per respondent Nos' 2 and 3, petitioners had forcibly taken possession of the property situated at A-39, Dayanand colofly, Lajpat Nagar-4, New Delhi'
Not only this they had even demolished the building' Now, respondent Nos . 2 and. 3 have compromised the matter with the petitioners. In fact, a suit cs(os) No 866 I2OLO was pending in this Court between the parties in respect of the same property' said suit was filed by the respond"ent Nos. 2 and 3 under section 6 of the specific Relief Act, tg63 for recovery of possession and damages against the petitioners. compromise had been arrived in the said suit and in terms of compromise, a decree has been t
2010:DHC:15321 b; ) passed in the said suit. A sum of t30.50 lacs had to be paid by ttre petitioners to respondent Nos. 2 €frtd' 3 in terms of the compromise decree, which has already been paid'
Respondent Nos. 2 and 3 have no objection, if the FIR in question is quashed. In view of the settlement arrived at between tlre parties, in the larger interest, I quash the FIR No' 206/2010 und,er sections 4481330/34 IPC registered at police station Amar colony and the consequent proceedings emanating therefrom'
Petition is disposed of in the above terms'
Dasti
NOVEMBER 26, ?OLO rb
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.x. patrrAK, J.
2010:DHC:15321
JUDGMENT