Moti Nankani v. State NCT of Delhi

Delhi High Court · 09 Nov 2017 · 2017:DHC:8079
A.K. Pathak
CRL.M.C. 2135/2017
2017:DHC:8079
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from a property dispute after the parties amicably settled the matter through mediation.

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$29 & 46 HIGH COURT OF DELHI CRL.M.C. 2 135/2017
MOTI NANKANI @ MOTILAL NANKANI & ANR.....Petitioners
Through Mr. J R Priani, Adv
VERSUS
STATE NCT OF DELHI & ANR Respondents
Through Ms. Meenakshi Dahiya, APP for State
CRL.M.C. 2765/2017
MAHESH CHANDER Petitioner
Through Mr. Pritpal Singh, Adv
VERSUS
STATE OF NCT OF DELHI& ANR .....Respondents
Through Ms. Meenakshi Dahiya, APP for State Insp Bejay,PS BOW
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
09.11.2017 Both the above captioned petitions, that is, Cr1. M.C. 2135/2017 and Cr1. M.C. 2765/2017 are offshoot of FIR 552/1998 under Sections
420/467/468/471/120B IPC registered at Police Station Hauz Khas. It is submitted that petitioners in both these petitions namely Sh. Moti
Nankani and Smt, Rekha Nankani in Cr1 MC 2135/2017 and Sh.
Mahesh Chander in Cr1 MC 2765/2017 have settled their disputes amicably with respondent no.2 Sh. Khajan Singh Aggarwal before the
Mediation Centre, Saket Courts, Delhi on 241h April, 2017, therefore, the aforementioned FIR may be quashed.
2017:DHC:8079 Petitioner Sh. Mahesh Chander is a patwari.
Disputes arose between petitioners in Crl.M.C. 2135/2017 and respondent no.2 with respect to a property deal which led to registration of the aforementioned FIR. Matter has now been settled between the parties. True copy of Mediation Settlement report containing terms of settlement is on record (Annexure P-3).
Respondent no.2 is present in the Court and has been identified by Insp Bejay of Police Station EOW Cell. He says that he has settled the matter with petitioners out of his own free will, voluntarily and without any undue force, pressure or coercion. He says that terms of settlement have already been complied with and he has no objection if the FIR against the petitioners is quashed.
Affidavit of respondent no.2 is also on record. Respondent no.2 has identified his signatures on his affidavit.
Keeping in view the facts and circumstances as detailed above, and particularly the factum of settlement arrived at between the parties before the Mediation Centre, in the interest of justice, FIR 552/1998 under Sections 420/467/468/471/120B IPC registered at Police Station
Hauz Khas and the consequent proceedings emanating therefrom are quashed.
Both these petitions are disposed of in the above terms.
Dasti.
A.K. PATHAK, J NOVEMBER 099 2017 sm 2017:DHC:8079
JUDGMENT