Faqir Chand & Ors. vs State & Anr.
2010 Latest Caselaw 3076 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

            +             CRL.M.C. 967/2010

                                                  Decided on 02.07.2010
IN THE MATTER OF :

FAQIR CHAND & ORS.                                          ..... Petitioners
                          Through:    Mr. Anil Kumar, Advocate.

                    versus

STATE & ANR.                                                ..... Respondents
                          Through:    Mr. M.N. Dudeja, APP.
                                      Respondent no.2 in person.
                                      ASI Om Prakash, PS. Nihal Vihar.
+
CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may           No
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?          No

     3. Whether the judgment should be                  No
        reported in the Digest?


HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioners under section 482

of the Cr.PC praying inter alia for quashing of FIR No. 26/2010 lodged by

respondent No.2 under sections 448/380/323/341/34 IPC and registered at

Police Station- Nihal Vihar, Delhi.

2. It is stated in the petition that disputes arose between the

parties at the time, when respondent no.2 was a tenant under the petitioner

no.1 in respect of a portion of premises bearing No.C-32, Kunwar Singh

Nagar, Delhi-110041. However, during the pendency of the proceedings in

the court below, with the intervention of the neighbourers and well-wishers

of the parties, a compromise is stated to have been arrived at between the

petitioner No.1 and respondent No.2. An affidavit dated 17.02.2010 sworn

by the respondent No.2, is placed on the record. In the said affidavit,

respondent No.2 has confirmed that she had handed over vacant peaceful

possession of the portion of the premises bearing No. C-32, Kunwar Singh,

Nangloi, Delhi-41, under her occupation, without any undue influence or

coercion from the other side. It is further stated in the affidavit that

whatever losses were incurred by respondent No.2, were duly settled

between the parties in terms of the Compromise Deed of the even date, a

copy of which is placed on record. Respondent No.2, who is present in Court

and is identified by the ASI Om Prakash PS Nihal Vihar, Delhi, confirms

having executed the aforesaid affidavit of her own free will and volition.

3. A perusal of the Compromise Deed dated 17.2.2010 shows that

the same is duly signed by the petitioner No.1 and respondent No.2. Both

the parties confirm having entered into a negotiated settlement. The parties

jointly state that in view of the settlement arrived at between them, the

present FIR and the proceedings emanating therefrom may be quashed.

Learned APP for the State also submits that he also does not have any

objection to the aforesaid request.

4. In view of the fact that the parties state that they have arrived

at a settlement of their own free will and volition and without any undue

influence or coercion from any side, the same is accepted. They shall remain

bound by the terms and conditions of the settlement as recorded in the

Compromise Deed dated 17th February, 2010. FIR No.26/2010 and all the

proceedings emanating therefrom are accordingly quashed.

5. The petition is disposed of. File be consigned to the record room.

HIMA KOHLI,J JULY 02, 2010 'ss'