Delhi High Court
Mamta vs The State (Nctof Delhi) & Anr on 11 January, 2016
#28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11th January, 2016
+ W.P.(CRL) 69/2016 and Crl. MA No. 403/2016 (Exemption)
MAMTA ..... Petitioner
Through Mr. M.S. Yadav, Advocate along with
petitioner
versus
THE STATE (NCTOF DELHI) & ANR ..... Respondents
Through Ms. Richa Kapoor, ASC (Crl.)
Respondent no. 2 in-person
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. 64/2014, under Sections 420/448/468/471 IPC
registered at Police Station- Ranhola, Delhi and the proceedings arising
therefrom.
2. The present case relates to a commercial dispute over the sale of an
open plot of land bearing no. 9, R III/A-3, Khasra No. 17/5/1, Village
Rajapur Khurd, Mohan Garden, New Delhi. The subject FIR came to be
registered on an allegation made on behalf of the complainant that the
petitioner forged the documents of the subject property belonging to the
complainant and the petitioner herein forcibly dispossessed the complainant
of the same.
3. Counsel for the parties state that the outstanding dispute between the
parties has been settled amicably before the Mediation Centre, Tis Hazari
Courts, Delhi by way of a Settlement Agreement dated 4th December, 2015.
The salient terms and conditions of the afore-stated settlement are as
follows:-
"1. It is agreed between the parties that the plaintiff will
pay a total sum of Rs. 32,000/- (Rupees Thirty Two
Thousand only) to the defendant towards the expenses
incurred for creation of boundary wall of the suit property
as full and final settlement on 09.12.2015 before the Ld.
Referral Court and the defendant will hand over the keys
and possession of the suit property to the plaintiff on the
same day before the Court.
2. The plaintiff will not claim any damages/mesne profits
from the defendant.
3. The defendant will deposit all the original title
deeds/chain documents in respect of the suit property in the
Court on 09.12.2015 and shall not withdraw the same from
the Court. The defendant will not claim any title, interest
in respect of the suit property on the basis of the title
documents which are in possession of the defendant.
4. The defendant will pay all the dues in respect of the
electricity meter installed in the suit property and will get
removed the electricity meter through the concerned
authority.
5. The plaintiff will not press the application filed in the
Court of Sh. Sushant Changotra, Ld. MM, Tis Hazari
Courts, Delhi for monitoring of investigation.
6. The plaintiff will co-operate to the defendant for
quashing of the FIR before the Hon'ble High Court of
Delhi.
7. In terms of the aforesaid settlement, the plaintiff will
withdraw the present suit and the parties will be left with
no claim against each other in respect of present matter in
dispute."
4. In a nutshell, it has been agreed by and between the parties that the
possession of the subject property shall be restituted to the complainant
herein and that the documents allegedly forged by the petitioner herein shall
not be used for any purpose whatsoever. The undertaking given in this
behalf by the petitioner herein is hereby accepted.
5. Respondent No.2/complainant- Smt. Sutish Bhatia, who is present in
Court and has been identified by her counsel, states that in view of the
circumstance that the possession of the subject property has already been
restituted to her and the undertaking furnished on behalf of the petitioner
herein, she is no longer keen to proceed with the subject FIR and the
proceedings emanating therefrom.
6. It is further stated by the complainant herein that she had to pay a sum
of Rs. 32,000/- to the petitioner herein at the time of restitution of possession
of the subject land towards the costs of a boundary wall constructed by the
latter. The said position is not refuted on behalf of the petitioner.
7. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been settled between the parties amicably before the
Mediation Centre, Tis Hazari Courts, Delhi by way of a Settlement
Agreement dated 4th December, 2015 without any undue influence, pressure
or coercion; and the settlement between the parties is lawful, no useful
purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
8. Resultantly, the FIR No. 64/2014 under Sections 420/448/468/471 IPC
registered at Police Station- Ranhola, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to the
petitioner paying a sum of Rs. 10,000/- as costs, to the complainant herein,
within a period of two weeks from today.
9. With the above said directions, the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
JANUARY 11, 2016
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