Mahesh Chand Gupta vs State And Anr.
2005 Latest Caselaw 1089 Del

ORDER

R.C. Chopra, J.

WP (Crl.) No. 984/2005:

1. This petition under Article 226 of the Constitution of India read with Section 482, Cr.P.C. is for quashing FIR No. 364/2004 registered at PS New Friends Colony under Sections 420/120B, IPC. This FIR had arisen on account of certain property disputes between the parties which have been amicably resolved. The petitioner has deposited in the Court a demand draft in the sum of Rs. 5,35,142/- with a prayer that the same be handed over to respondent No. 2 in terms of their settlement dated 22.3.2005, a copy of which has been placed on record. Counsel for the respondent No. 2 as well as respondent No. 2 also pray that the FIR may be quashed as prayed.

2. Considering the fact that the dispute between the parties was almost civil in nature which has been amicably resolved by the parties, this Court is of the considered view that it is a fit case in which in exercise of its powers under Section 482, Cr.P.C., this Court should quash the FIR. It is in the interests of State as well as parties that such disputes are settled by negotiations and the parties start living in harmony.

3. Accordingly, the FIR No. 364/2004 registered at PS New Friends Colony under Sections 420/120B, IPC is ordered to be quashed.

4. The draft in the sum of Rs. 5,35,142/- is ordered to be handed over to respondent No. 2 by the Registry immediately.

The petition stands disposed of. Copy dusty.