Anita Shukla vs The State (N.C.T. Of Delhi) & Anr.
2018 Latest Caselaw 6005 Del

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 03.10.2018

+       CRL.M.C. 4772/2018
ANITA SHUKLA                                              ..... Petitioner
                           versus

THE STATE (N.C.T. OF DELHI) & ANR.                     ..... Respondents


Advocates who appeared in this case:
For the Petitioner:       Mr. Satyam Sisodia, Advocates

For the Respondents:       Mr. Hiren Sharma, APP for the State.
                           SI Lokesh Singh
                           Mr. Manish Awasthi, Adv. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

03.10.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A. 32419/2018 (Exemption)

Allowed, subject to all just exceptions. CRL.M.C. 4742/2018

1. Petitioner seeks quashing of FIR No.109 of 2016 under Sections 420/467/471/34 of the IPC registered at Police Station Bhalswa Dairy, Delhi, based on a settlement.

2. The petitioner was a tenant in the property of respondent no. 2.

3. The allegations in the FIR are that for the purpose of obtaining an electricity connection, NOC of respondent no. 2 was forged and fabricated by the petitioner.

4. Learned counsel for the parties submit that the parties have settled their disputes and settlement agreement dated 07.04.2018 has been executed before the Delhi Mediation Centre, Rohini Courts, Delhi.

5. The petitioner who was a tenant has already surrendered the tenancy in favour of respondent no. 2 to fulfil one of the conditions of the settlement agreement.

6. Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

7. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, 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.

8. In view of the above, the petition is allowed. FIR No.109 of 2016 under Sections 420/467/471/34 of the IPC registered at Police Station Bhalswa Dairy, Delhi and the consequent proceedings arising therefrom are, accordingly, quashed.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 03, 2018 'rs'