Chander Shekhar Pandey v. The State NCT of Delhi & Anr

1. Petitioner seeks quashing of FIR No.86/2012 under Sections 420/468/471 IPC, Police Station Mayapuri.

2. The allegations in the FIR are that respondent No.2 had entered into an agreement with the petitioner for purchase of a flat of which the petitioner was the collaborator/builder with the owner. Subsequently, there was a dispute with regard to the entitlement of the petitioner to sell the said flat and consequently the FIR was registered.

3. Parties have settled their disputes and the terms of settlement have 2018:DHC:5901 CRL.M.C. 1873/2018 been recorded in order dated 04.08.2015 in RFA No.150/2014 titled Shri Chander Shekher Pandey vs. Sh.Joginder Singh & Ors. As per the settlement the petitioner and the owners were to execute the sale deed in favour of respondent No.2 of the subject flat.

4. Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. He submits that he has settled disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further. He further submits that the said flat has now been transferred in his favour.

5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6. In view of the above, the petition is allowed. FIR No.86/2012 under Sections 420/468/471 IPC, Police Station Mayapuri and the consequent proceedings emanating therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 12, 2018 rk