Full Text
HIGH COURT OF DELHI
Date of Decision: 24.02.2021
SH.ADITYA NARULA ..... Petitioner
Through: Mr. Anil Lohchub, Advocate with petitioner
Through: Mr. Amit Chadha, Additional Public Prosecutor for respondent No.1/State with IO of the case
Respondents No.2 & 3
JUDGMENT
The hearing has been conducted through video conferencing.
1. Vide this petition, quashing of FIR No. 441/2013, registered at police station Dabri, Delhi is sought by petitioner.
2. Notice issued.
3. Mr. Amit Chadha, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondents No.2 & 3 are present through video conferencing and they have been 2021:DHC:699 identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. The subject matter of dispute in the FIR in question pertains to property bearing No. RZG-36-37A, first floor, measuring 50 sq. yards, situated in Khasra No. 82/21, in the revenue estate of Palam and colony Mahavir Enclave-I, Delhi.
5. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
6. The present petition has been filed on the ground that the dispute between the parties has been amicably resolved through Mediation Centre, Dwarka Courts, New Delhi in terms of Memorandum of Understanding dated 06.10.2018.
7. Learned counsel for petitioner submits that the terms of aforesaid Memorandum of Understanding dated 06.10.2018 have been fully acted upon and, therefore, the proceedings arising out of FIR in question be brought to an end.
8. Respondents No.2 & 3 are present through video conferencing and they have affirmed the factum of settlement with petitioner in terms of Memorandum of Understanding dated 06.10.2018 and they also submit that they do not wish to prosecute the matter any further. The present petition is accompanied by affidavits of respondents No.2 & 3.
9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
10. For the reasons afore-noted FIR No. 441/2013, registered at police station Dabri, Delhi and consequent proceedings emanating therefrom are hereby quashed.
11. The petition is, accordingly, allowed and disposed of.
12. Pending application also stands disposed of.
JUDGE FEBRUARY 24, 2021 r