Om Prakash & Ors. v. State & Anr.

1. Exemptions allowed subject to all just exceptions.

2. The application is disposed of accordingly.

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking 2016:DHC:3219-DB quashing of FIR No. 960/2014, under Sections 420/465/467/468/471/506/34/120B IPC registered at Police Station- Najafgarh, Delhi and the proceedings emanating therefrom.

2. The subject FIR came to be registered at the instance of respondent no. 2/complainant herein, who happens to be the sister of petitioner no. 1 and a close relative of the other petitioners, on an allegation that the petitioner no. 1 has forged and fabricated documents in order to deprive her of her rightful share in the inherited property.

3. A perusal of the averments made in the present petition reveals that the parties have been at loggers’ heads inter se over their joint inheritance and have instituted a number of civil and criminal proceedings against each other in the last few years.

4. Smt. Shanti Sharma, the respondent no. 2/complainant in the subject FIR, who is present in person in Court today and has been identified by the Investigating Officer in the subject FIR namely ASI Tej Ram, Police Station- Najafgarh, Delhi, states that with the aid and assistance of the Delhi High Court Mediation and Conciliation Centre, the litigating parties have arrived at an overall settlement of all their outstanding disputes amicably including the one that led to the registration of the subject FIR, by way of a Settlement Agreement dated 30th April, 2015. A copy of the said Settlement Agreement dated 30th April, 2015 is annexed to the present petition at pages 38 to 61 of the present petition.

6. In pursuance to the afore-stated Settlement Agreement dated 30.04.2015, 9 Civil Suits and 12 Complaint Cases have been withdrawn by the respective parties; and 7 FIRs have been quashed by this Court with the consent of respective parties.

7. It is, therefore, observed that the present proceeding shall apply a quietus to a large number of proceedings instituted inter se between the parties to the present petition.

8. In view of the foregoing, since the dispute that led to the registration of the subject FIR, which relates to a property dispute between members of an extended family, has been amicably resolved by and between the parties and the parties have acted upon the said afore-stated Settlement Agreement dated 30th April, 2015, no useful purpose will be served by proceeding with the subject FIR and the proceedings emanating therefrom.

9. Resultantly, FIR No. 960/2014, under Sections 420/465/467/468/471/506/34/120B IPC registered at Police Station- Najafgarh, Delhi and the proceedings emanating therefrom are hereby set aside and quashed qua the petitioners subject to all of them depositing a sum of Rs.20,000/- each with the Victims’ Compensation Fund within a period of two weeks from today. The copy of the receipt thereof be provided to the IO in the subject FIR.

10. With the above directions, the present writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J APRIL 26, 2016 sd