Shamsher Singh Dahiya & Ors. v. State & Ors.

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 435/2011 dated 09.12.2011 registered at Police Station – Maurya Enclave and all other proceedings emanating therefrom. 2020:DHC:246

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the respondent nos. 2 to 4.

6. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

7. The present petition is filed on the ground that the parties have settled their disputes and the respondent nos. 2 to 4 have no objection if the present petition is allowed.

8. Respondent nos. 2 to 4 are personally present in Court with learned counsel – Mr. Man Mohan Goel and they have been identified by SI Ram Kishan /IO and submits that matter has been settled and they do not wish to prosecute the matter any further.

9. The petitioners and respondent nos. 2 to 4 have entered into an amicable settlement vide settlement deed dated 24.02.2016.

10. Learned counsel for the petitioners prays that the present petition may be allowed.

11. Learned APP has opposed the present petition by stating that the petitioner no. 1 has forged the documents of property and by using those forged documents, he sold the property to the petitioner nos. 2 and 3, who are bonafide purchasers. He further states that the flat in question belongs to one Late Smt. Prem Lata, who was the mother of respondent nos. 2 to 4. He prays that if this Court is inclined to quash the FIR, heavy costs may be imposed upon the petitioner no. 1.

12. Learned counsel appearing on behalf of the petitioners has come forward and on instructions from the petitioner no. 1 submits that the petitioner no. 1 is ready to pay an amount of Rs.75,000/- for the welfare purposes.

13. In the interest of justice, I hereby direct the petitioner no. 1 to pay an amount of Rs.75,000/- in favour of respondent nos. 2 to 4, which shall be paid within two weeks and the receipt of the same shall be furnished to the IO concerned.

14. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioners any further.

15. For the reasons afore-recorded, the FIR No. 435/2011 registered at Police Station – Maurya Enclave and all other proceedings emanating therefrom are quashed.