Delhi High Court
Ashish Yadav & Anr vs State & Ors on 18 April, 2016
41
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.04.2016
W.P.(CRL) 1148/2016 & CRL.M.A. 6073/2016
ASHISH YADAV & ANR ..... Petitioners
Through: Mr J.P.Sengh, Sr. Advocate with
Mr Chetan Wahi, Advocate.
versus
STATE & ORS ..... Respondents
Through: Ms Nandita Rao, Addl. Standing
Counsel (Crl.) with Ms Neha Dhir,
Advocate.
Insp. Ramesh, PS- Sagarpur.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
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
quashing of FIR No.891/2015, under Sections
420/467/468/471/448/380/506/34 IPC registered at Police Station- Sagar
Pur, Delhi.
2. The subject FIR came to be registered on an allegation made by the
complainants, who are present in person in court today, to the effect that the
petitioner No.1 herein had illegally trespassed on to the subject land which is
under their ownership and possession and was further in the process of
demolishing the existing structure raised on that land.
3. The complainants, who have been identified by the IO in the subject
FIR, namely, Insp. Ramesh Chand Meena, DIU Sourt-West, state that the
dispute that led to the registration of the subject FIR has now been amicably
resolved by and between the parties and the terms of the compromise are
embodied in a memorandum of understanding dated 08.03.2016 which has
been annexed to the present petition at pages123 to 126 as annexure P-4. The
salient terms and conditions of the afore-stated memorandum of
understanding dated 08.03.2016 are as follows:-
"This MOU is signed and executed between Mr. Parag
Tugnait, S/o. Sh. Raj Gaurav Tugnait, and Nidhi
Tugnait, W/o. Parag Tugnait, both residents of C-
!A/33A, Janak Puri, New Delhi - 110058 (hereafter
referred to as the 'First Party');
AND
Sh. Gulshan Yadav, S/o. Sh. Surat Singh Yaav, R/0 H-
69, Raghu Nagar, Gali No.9, 4TH Floor, P.S. Dabri, New
Delhi-110046; and also at House no.898, Rajeev Nagar,
Gurgaon and
Ashish Yadav, S/o. Sh Satbir Singh, R/o Vill: Palhawas,
Tehsil & Distt: Rewari, Haryana (together jointly and
individually known as 'Second Party').
That the father of First Party was the owner of the
property bearing No. RZ- 23E, Gali No-6, Raghu Nagar
Dabri (Pankha Raod) New Delhi- 110045 (hereinafter
referred to as the 'Suit Property'). That there are
registered documents in favour of First Party as also the
First Party has been in possession and the property since
the time of purchase of the property by the father of the
First Party.
That the Second Party had claimed the property on
the basis of certain documents and because of the claim
made by the Second Party with respect to the property,
the First party was left with no option but lodge repeated
complaints against the Second Party which eventually
led to the lodging of the FIR No.891/15, registered with
Police Station Sagar Pur, under Section
420/467/468/471/481/380/506/34 IPC.
That in the meantime the Second Party filed a suit
for relief of permanent injunction against the First Party
with respect to the property which suit is pending
adjudication in the Court of Dr. P.S. Malik, ADJ,
Dwarka, New Delhi.
That during the aforesaid period the Second party
has recognized, acknowledged and understood that it is
not the Second Party but the First Party who is sole and
exclusive owner of property. The Second Party has also
recognizes that the possession of the property was with
the first party and such possession shall have to continue
to be with the first Party. The Second Party has thus
approached the First Party and while acknowledging the
ownership and possession rights of the First Party in the
suit property has requested the Second party to enter in
the present MOU.
That the Second Party has misplaced all the documents
on the basis of which it was claiming ownership in the
property to the First Party. The Second party has also
acknowledges the ownership of the property of the First
Party and has agreed to remove its lock from the main
gate of the Property. The Second Party has also agreed
that it shall never enter the property or claim any right(s)
in the suit property directly or indirectly. The Second
Party has further assured that the second Party shall not
create/attempt to create any document to show any right
of the second Party in the Property or shall do any act to
effect/prejudice the rights of the First party in the
property. The Second Party acknowledges that the First
Party is the sole and exclusive owner of the suit property
and the First Party is in possession of the suit property,
for all intents and purposes and for all concerned/ for all
times to come in the capacity of being the owner of the
same.
The lock as was put by the Second Party on the main
gate of the property has been removed and a video of the
lock being removed has duly been taken. The
photographs have also been taken to show the removing
of the lock from the main gate of the property by the
second party.
That as the Second party has removed its lock from
the main gate of the property, the First Party has agreed
to sign the present settlement as also sign affidavits
which could help the Second Party in getting the FIR
being FIR No.891/15, registered with Police Station
Sagar Pur, under Section
420/467/468/471/481/38/506/34 IPC quashed from the
Hon'ble High Court of Delhi. The required and requisite
affidavit have been given by the First Party to the
Second Party.
The Present MOU has been signed between the parties
with the intervention of the respectables of the Society
and in order to finally decide the issue with respect to
the ownership of the property which is in favour of the
First Party.
That the Second Party shall appear before the Court
of Dr. P.S. Malik, Ld. ADJ, Dwarka, Delhi and shall
duly make statement before the Ld. ADJ for withdrawal
of the suit on the basis of the present MOU. The present
MOU shall be taken on record and the suit shall be
withdrawn by the Second Party.
The First Party shall also not oppose the bail
application of the Second Party and shall cooperate with
the Second Party to obtain bail from the Hon'ble Court."
4. In pursuance to the afore-stated memorandum of understanding a suit
instituted by the petitioner for permanent injunction against the complainants
has since been withdrawn unconditionally and the possession of the said
property is now admittedly with the complainants.
5. The present case does not fall within the category exempted from
quashing in terms of the decision of the Supreme Court in Gian Singh vs.
State of Punjab and Anr. reported as (2012) 10 SCC 303 since it does not
affect the general public at large and it is a private affair.
6. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been amicably resolved by and between the parties
and the parties have acted upon the said afore-stated memorandum of
understanding, no useful purpose will be served by proceeding with the
subject FIR.
7. Resultantly, FIR No.891/2015, under Sections
420/467/468/471/448/380/506/34 IPC registered at Police Station- Sagar
Pur, Delhi, is hereby set aside and quashed qua the petitioners subject to
their depositing a sum of Rs.20,000/- each with the Victims' Compensation
Fund within a period of two weeks from today. The receipt of the said
deposit shall be furnished to the IO in the subject FIR.
8. With the above directions the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 18, 2016
mk
