Delhi High Court
S N Gupta & Ors. vs State Of Nct Of Delhi & Anr on 8 October, 2018
$~69 & 81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.10.2018
+ CRL.M.C. 4920/2018
RAJESH GUPTA & ORS. ..... Petitioners
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents
+ CRL.M.C. 5009/2018
S N GUPTA & ORS. ..... Petitioners
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Rishi Sood, Adv. (Crl. M.C. 4920/2018)
Mr. Govind Rishi, Adv. (Crl. M.C. 5009/2018)
For the Respondents: Mr. Sanjeev Sabharwal, APP for the State with
Inspr. Gurmail Singh and SI Rajvir Singh
Mr. Rishi Sood, Adv. for R-2 with respondent no. 2
in person (Crl. M.C. 4920/2018)
Mr. Govind Rishi, Adv. for R-2 with R-2 in person (Crl. M.C.
5009/2018)
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
08.10.2018
SANJEEV SACHDEVA, J. (ORAL)
CRL.M.C. 4920/2018 & CRL.M.C. 5009/2018
1. Petitioners, in Crl. M.C. 4920/2018 seek quashing of FIR No. 59 of 2017
under Sections 406/409/420/467/468/471/120-B of the IPC registered at Police
Station E.O.W. Mandir Marg, and petitioners, in Crl. M.C. 5009/2018 seek
quashing of FIR No.159 of 2016 under Sections 406/418/506/120-B of the IPC
registered at Police Station E.O.W. Mandir Marg, New Delhi based on a
settlement.
2. Subject FIRs are cross FIRs between two groups of the same family. The
parties are related to each other. The disputes emanated out of the distribution of
the assets of the family.
3. The allegations against the petitioners are that they had forged and
fabricated the transfer deeds of the properties of the families.
4. Learned counsels for the parties submit that parties have settled their
disputes with the intervention of other family members and
Settlement/Memorandum of Understanding dated 18.07.2018 has been executed
between the parties. Learned counsel for the parties submit that all the disputes
between the parties which are subject matter of the present FIRs as also the other
civil disputes have fully and finally settled.
5. Learned counsel for the parties further submit that the parties are in the
process of distribution of assets as per their value amongst the family members.
They further submit that the distribution of assets has been agreed to, however,
certain modalities are to be worked out and the parties are willing to compound
the respective FIRs against each other.
6. Accused/petitioners as well as complainants of both the FIRs are present
in Court in person. They submit that they have settled the disputes against each
other. Complainants i.e. R-2 in both the FIRs are present in person, represented
by their counsel and identified by the respective Investigating Officers. They
submit that they have settled the disputes with the petitioners and do not wish to
press charges against each other and prosecute the complaints any further.
7. In view of the fact that the parties have resolved their disputes and the
complainants in both the FIRs do not wish to press their complaints, 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 petitions are allowed. FIR No. 59 of 2017 under
Sections 406/409/420/467/468/471/120-B of the IPC registered at Police Station
E.O.W. Mandir Marg and FIR No.159 of 2016 under Sections 406/418/506/120-B
of the IPC registered at Police Station E.O.W. Mandir Marg, New Delhi and the
consequent proceedings arising therefrom are, accordingly, quashed.
9. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 08, 2018
'rs'
