Vijay Sharma vs State & Anr
2011 Latest Caselaw 6041 Del

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. No. 3398/2011

%              Judgment delivered on:9th December, 2011


       VIJAY SHARMA                        ..... Petitioner
                             Through : Mr. Sachin Aggarwal, Adv.

                    versus


       STATE & ANR                      ..... Respondent
                             Through : Mr. Navin Sharma, APP for State.
                             Mr. Rajender Mohan, Respondent no. 2


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CRL. M.A. 12063/2011

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+ CRL. M.C. 3398/2011

1. Ld. Counsel for the petitioner submits that vide FIR no. 233 dated 25.09.2010 case under Section 448/380 Indian Penal Code, 1860 was registered against the petitioner at PS-Kotwali against the petitioner on the complaint of the respondent.

2. Ld. Counsel for the petitioner further submits that respondent

no. 2 has surrendered the possession of the property in question vide Surrender Deed dated 14.07.2011. Ld. Counsel further submits that respondent is no more interested to pursue the case, therefore present FIR may be quashed.

3. Respondent no. 2 is personally present in the court. He has produced driving licence bearing no. DL-0119850065608 issued by Transport Department, Govt. of NCT of Delhi (original seen and returned) to respondent no. 2.

4. He further submits that he has settled all the issues. Therefore, he is no more interested to pursue the case and if the present FIR is quashed, he has no objection.

5. Keeping the Statement of Respondent no. 2, who is no more interested to pursue the case, FIR no. 233 of 2010 registered at PS- Kotwali is quashed with emanating proceedings thereto.

6. Though I found force in the submission of Ld. APP, keeping in view the fact that petitioner is retired from Bank, I am not inclined to impose cost on the petitioner.

7. Crl. M.C. 3398/2011 is accordingly allowed on the above terms.

8. Dasti.

SURESH KAIT, J

DECEMBER 09, 2011 jg