Pradeep Chaudhary & Ors. v. State of Delhi & Anr

Delhi High Court · 22 Jan 2018 · 2018:DHC:9315
A.K. Pathak
CRL.M.C. 3224/2017
2018:DHC:9315
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two cross FIRs arising from a land dispute on the basis of an amicable settlement between the parties under Section 482 Cr.P.C.

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H
$-16/18 HIGH COURT OF DELHI
CRL.M.C. 3224/2017 & Crl.
M.A. no. 13269/2017
PRADEEP CHAUDHARY & ORS Petitioners
Through Mr. Praveen Kumar Singh, Mr. Utkarsh. S., Md. Ziauddin and Mr. Ani Batra, Advs.
VERSUS
STATENCT OF DELHI & ANR Respondents
Through Ms. Rajni Gupta, APP with SI Amit Nara, P.S. Mangolpuri for respondent no. 1
Mr. M.R. Singh Sisodia, Adv with respondent no. 2 in person
AND
CRL.M.C. 3341/2017
SUNILKANSAL Petitioner
Through Mr. M.R. Singh Sisodia, Adv
VERSUS
STATE (GOVT OF NCT, DELHI) &ANR Respondents
Through Mr. M.S. Oberoi, APP with SI Amit Nara, P.S. Mangolpuri for respondent no. 1
Mr. Praveen Kumar Singh, Mr. Utkarsh S., Md. Ziauddin and Mr. Ani Batra, Advs. with respondent NO. 2 in person 2018:DHC:9315
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
22.01.2018 By these petitions under Section 482 Cr.P.C., it has been prayed that following cross FIRs may be quashed:-
(a) FIR No. 822/2016 under Sections 406/420/34 IPC registered at P.S.
Mangol Puri on the complaint of Mr. Sunil Kansal, respondent NO. 2/complainant in Crl. M.C. No. 3224/2017 and petitioner/accused in Crl.
M.C. No. 3341/2017;
(b) FIR No. 24/2016 under Sections 420/467/468/471/506 IPC registered at P.S. Bhimtal Nainital on the complaint of Mr. Gyanvendra Singh
Chauhan, respondent no. 2/complainant in Crl. M.C. No.3341/2017 and petitioner no. 3/accused in Crl. M.C. No. 3224/2017;
FIR registered at Police Station Bhimtal Nainital was transferred to
Delhi on S''" June, 2017 and investigations in the said case are .pending in
Delhi along with investigation ofFIRNo. 822/2016.
It is submitted that petitioners and private respondents, in both the above petitions, who are involved in the aforesaid cross FIRs, have settled their disputes amicably, vide a Memorandum of Understanding dated 27 th b
July, 2017 (Annexure D). Petitioners/complainants/victims are present in
Court along with their respective counsels and have identified by SI Amit
Nara of police station'Mangolpuri. They say that they have settled their disputes amicably; therefore, aforesaid cross FIRs may be quashed. It is noted that disputes arose between the petitioners and private respondents in respect of the land deal, which they have now settled, inasmuch as settled amount has also been paid. They further submit that they have no objection in case both the aforesaid cross FIRs are quashed.
Keeping in view the settlement aiTived at between the petitioners and private respondents, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, FIR No. 822/2016 under. Sections 406/420/34 IPC registered at P.S. Mangol
Puri and FIR No. 24/2016 under Sections 420/467/468/471/506 IPC registered at P.S. Bhimtal Nainital, which are at the investigation stage, are quashed.
\ Both the petitions are disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.
JANUARY 22,2018 r. bararia
JUDGMENT