Delhi High Court
Shanno Devi & Anr. vs The State & Anr on 8 October, 2018
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:08.10.2018
+ CRL.M.C. 5127/2018
SHANNO DEVI & ANR. ..... Petitioners
versus
THE STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Dinesh Kumar and Mr. Surinder
Kumar, Advocates along with petitioners in person
For the Respondents : Mr. Hirien Sharma, APP for State with
SI Ved Pal Sharma, PS Mangol Puri
Ms. Madhvi Gautam and Mr. Nitesh Khatri, Advs.
for R-2 along with R-2 in person
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
08.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.33742/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5127/2018
1. The petitioners seek quashing of FIR No. 366/2017, under
Sections 420A/34 IPC, Police Station Burari, based on a settlement.
2. Subject FIR emanates out of a dispute with regard to sale
transaction of a property. Petitioners had agreed to sell a property to
the complainant and complainant had paid sale consideration of Rs.
14 lakhs. Subsequent there was allegation that there was defective title
of the petitioner and subject FIR was registered.
3. Parties have subsequently settled their dispute and settlement
agreement dated 15.02.2018 has been executed.
4. Parties have settled their dispute and petitioners have agreed to
pay a total sum of Rs. 15,25,000/- ( Rupees Fifteen Lakhs and Fifteen
Thousand Only) in full and final settlement of all claims to the
respondent. A sum of Rs. 10 lakhs has already been paid. Balance
amount of Rs. 5,25,000/- has been paid by way of the following
demand drafts:
1. DD No. 926376 dated 26.09.2018 drawn on Union
Bank of India for Rs. 2 lakh;
2. DD No. 926377 dated 26.09.2018 drawn on Union
Bank of India for Rs. 2 lakh;
3. DD No. 926378 dated 26.09.2018 drawn on Union
Bank of India for Rs. 1 lakh and Rs. 25000/-.
5. Respondent no. 2 is present in court in person, represented
by counsel and identified by Investigating Officer. She submits
that she has settled her dispute with the petitioners and does not
wish to prosecute the complaint any further against the
petitioners and has no objection to the quashing of the subject
FIR.
6. In view of the fact that the parties have resolved their disputes
and respondent No. 2 does not wish to press her 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.
7. In view of the above, the petition is allowed. FIR No.
366/2017, under Sections 420A/34 IPC, Police Station Burari, and the
consequent proceedings emanating there from are accordingly
quashed.
8. Order Dasti under the signatures of the Court Master.
OCTOBER 08, 2018 SANJEEV SACHDEVA, J
NR
