Delhi High Court
Angoori Devi & Ors vs State (Nct Of Delhi) & Anr on 6 September, 2017
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2101/2017
ANGOORI DEVI & ORS ..... Petitioners
Through: Mr.Rohit Minocha, Advocate with
Mr.Chaitanya Sahoo, Advocate along with
petitioners in person.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr.Ashish Negi, Advocate for
Ms.Richa Kapoor, ASC for State with SI
Nipendra Kumar, PS Madhu Vihar, Delhi.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 06.09.2017
1. Status report has been filed.
2. Respondent No.2 is present. She is duly identified by the IO SI
Nipendra Kumar.
3. The petitioners have invoked the writ jurisdiction of this court
under Article 226 of the Constitution of India read with Section
482 of Code of Criminal Procedure, 1973 (in short "Cr.P.C.")
for quashing of the FIR bearing No. 124/2017, registered
against them on 20.04.2017 with Police Station Madhu Vihar,
East District, Delhi under Sections 420/406/467/468/
471/120B/506/34 IPC on the complaint of respondent No.2.
4. Petitioner no. 2 had filed a Civil Suit No. 210/2013 before the
learned Civil Judge, Karkardooma Courts, Delhi against the
respondent no. 2 and her husband titled as "Kali Charan vs.
Uttam Kumar Rastogi & Anr." for declaration and injunction.
Respondent no. 2 had also filed a Civil Suit No. 2383/2014
against the petitioner no.1 and 2 in this court titled as "Smt.
Manisha Rastogi Vs. Anguri Devi & Anr., which was later on
transferred to the court of learned ADJ, Karkardooma Courts,
Delhi and was registered as CS 2453/2016.
5. Pursuant to a reference of the civil court, the petitioners and the
respondent no. 2 had appeared before the learned Mediator,
Delhi Mediation Centre, Karkardooma Courts, Delhi. On
07.06.2017, the parties had amicably settled and resolved all
their disputes before the Mediator. It was agreed that the
petitioner no. 1 and 2 shall handover the peaceful and vacant
possession of the property in question i.e. US-41-A, Gali No. 1,
Uttari School Block, Mandawali, Fazalpur, Delhi-110092 to the
respondent no. 2 on or before 05.06.2017. It was also settled
that the petitioner no. 2 shall surrender the electricity
connection to the BSES. On getting back the possession, it was
also agreed that the respondent no. 2 shall withdraw the civil
suit filed by her and the petitioners shall also withdraw their suit
from the concerned courts.
6. The respondent No.2 states that she had voluntarily resolved all
disputes with the petitioners without any coercion or force.
7. Pursuant to this settlement, the respondent no. 2 submits that
she has received vacant and peaceful possession of the said
property from the petitioners. She submits that the petitioners
had also surrendered the electricity connection pertaining to the
said property to the BSES. She submits that she had withdrawn
her civil suit filed against the petitioners from the concerned
court. Petitioner no. 1 and 2 submit that pursuant to the
mediation settlement they had withdrawn their civil suit from
the concerned court.
8. Respondent no. 2 submits that in view of the mediation
settlement, she does not want to pursue the said FIR. She
submits that the said FIR may be quashed.
9. Learned ASC through the IO submits that the charge sheet has
so far not been filed.
10. Since the matter has been amicably settled between the parties,
no fruitful purpose would be served in further pursuing the said
FIR. Hence, to secure ends of justice, the FIR bearing No.
124/2017, registered against them on 20.04.2017 with Police
Station Madhu Vihar, (East Delhi District), Delhi under
Sections 420/406/467/468/471/120B/506/34 IPC and
proceedings arising out of the said FIR are hereby quashed.
11. The petition is disposed of accordingly.
12. DASTI.
VINOD GOEL, J.
SEPTEMBER 06, 2017
"shailendra"
