Akash Sharma & Ors. v. The State (Govt of NCT of Delhi) & Ors.

Delhi High Court · 11 May 2021 · 2021:DHC:1555
Suresh Kumar Kait
Crl.M.C. 1170/2021
2021:DHC:1555
criminal petition_allowed

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The Delhi High Court quashed an FIR arising from a property dispute after the parties amicably settled the matter, holding that continuing criminal proceedings would serve no useful purpose.

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Crl.M.C. 1170/2021 HIGH COURT OF DELHI
Date of Decision: 11.05.2021 Crl.M.C. 1170/2021
AKASH SHARMA & ORS. ..... Petitioners
Through: Mr. Vikram Singh Bhatia, Advocate
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ORS. ..... Respondents
Through: Mr. Kamal Kumar Ghei, Additional Public Prosecutor for respondent
No.1/ State with SI Ashok Rajbani Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(oral)
The hearing has been conducted through video conferencing.

1. Vide present petition, petitioners are seeking quashing of FIR NO. 222/2013, which was initially registered for the offences under Sections 380/448/420/34 IPC at police station Farsh Bazar, Delhi but charge sheet in the said FIR has been filed for the offences under Sections 380/448/468/471/120B/34 IPC.

2. Quashing of the FIR in question has been sought on the ground that the dispute pertaining to property No. 4/2675-A, Gali No.6, Bihari Colony, 2021:DHC:1555 Shahdara, between petitioners and respondent No.2, which led to registration of FIR in question and also various other litigations, has been amicably resolved between the parties.

3. Notice issued.

4. Mr. Kamal Kumar Ghei, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondent No.2 is present through video conferencing and he has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

5. Learned counsel for petitioners submits that the dispute inter se parties is essentially civil in nature however, has led to initiation of multiple legal proceedings. He further states that parties have amicably resolved their dispute in terms of Compromise/Settlement Deed dated 23.03.2021 and have agreed to withdraw all the cases pending against each other.

6. Respondent No.2, who is the complainant of this FIR and is present through video conferencing, has confirmed the factum of settlement reached with petitioners in terms of afore-noted Compromise/Settlement Deed dated 23.03.2021, He has also affirmed the contents of his affidavit dated 01.04.2021 filed in support of this petition.

7. Keeping in view that the subject matter of this FIR stands amicably resolved between the parties, this Court finds that no useful purpose would be served in continuing with the proceedings arising out of FIR in question.

8. Accordingly, FIR No. 222/2013, registered at police station Farsh Bazar, Delhi and proceedings emanating therefrom are hereby quashed.

9. The above captioned petition is accordingly disposed of.

SURESH KUMAR KAIT, J MAY 11, 2021 r