Pradeep Mittal & Anr. vs The State Govt. Of Nct Of Delhi & ...
2018 Latest Caselaw 4472 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 01.08.2018

+      CRL.M.C. 2103/2018
PRADEEP MITTAL & ANR.                                  ..... Petitioners

                         versus

THE STATE GOVT. OF NCT OF DELHI & ANR ...... Respondents

Advocates who appeared in this case:
For the Petitioner :      Mr. Sumit Choudhary and Ms. Aakanksha Bansal,
                          Adv. along with petitioner in person.

For the Respondent:      Ms. Neelam Sharma, Addl. PP for the State with
                         SI Virender Kumar

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

01.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 410 of 2016 under Sections 420/406/120-B of the IPC registered at Police Station K.N. Katju Marg, Delhi, based on a settlement.

2. The subject FIR was registered consequent to a financial

transaction for sale of a property which have taken place between the parties. It is alleged that the complainant had paid Rs. 15 lakhs out of the agreed amount of Rs. 16 lakhs. Settlement Deed dated 18.05.2016 between the parties has been executed.

3. It is further submitted that the entire amount received from the complainant has been paid back and also the original documents have been handed over back to the complainant. The complainant also confirms that he has received the entire money as well as his property documents. The petitioners appearing in person submit that they have no concern with the subject property i.e. F-2/100, First Floor, Sector- 11, Rohini, Delhi.

4. Respondent no. 2 is present in court in person and is identified by the Investigating Officer. Respondent no. 2 submits that he has settled the disputes with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

5. In view of the fact that the disputes between the petitioners and respondent no. 2 have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate

guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6. In view of the above and considering the fact that the dispute is of a private nature, FIR No. 410 of 2016 under Sections 420/406/120- B of the IPC registered at Police Station K.N. Katju Marg, Delhi and the consequent proceedings emanating therefrom are accordingly quashed. The petition is allowed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 01, 2018 'rs'