Shamsher Singh Dahiya & Ors. vs State & Ors.
2020 Latest Caselaw 256 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 15.01.2020
+      CRL.M.C. 161/2020
       SHAMSHER SINGH DAHIYA & ORS.            ..... Petitioners
                    Through: Ms. Nisha and Mr. Amit Balyan,
                             Advs.
                    versus
       STATE & ORS.                                        ..... Respondents
                          Through:      Mr. K.K. Ghai, APP for State with SI
                                        Ram Kishan, PS - Maurya Enclave,
                                        SI Rajpal Singh, PS - Pahar Ganj
                                        Mr. Man Mohan Goel and
                                        Ms. Vishalakshi Goel, Advs. for R-2
                                        to 4

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 684/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 161/2020

3. Vide the present petition, the petitioners seek direction thereby

quashing FIR No. 435/2011 dated 09.12.2011 registered at Police Station -

Maurya Enclave and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent nos. 2 to 4.

6. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

7. The present petition is filed on the ground that the parties have settled

their disputes and the respondent nos. 2 to 4 have no objection if the present

petition is allowed.

8. Respondent nos. 2 to 4 are personally present in Court with learned

counsel - Mr. Man Mohan Goel and they have been identified by SI Ram

Kishan /IO and submits that matter has been settled and they do not wish to

prosecute the matter any further.

9. The petitioners and respondent nos. 2 to 4 have entered into an

amicable settlement vide settlement deed dated 24.02.2016.

10. Learned counsel for the petitioners prays that the present petition may

be allowed.

11. Learned APP has opposed the present petition by stating that the

petitioner no. 1 has forged the documents of property and by using those

forged documents, he sold the property to the petitioner nos. 2 and 3, who

are bonafide purchasers. He further states that the flat in question belongs to

one Late Smt. Prem Lata, who was the mother of respondent nos. 2 to 4. He

prays that if this Court is inclined to quash the FIR, heavy costs may be

imposed upon the petitioner no. 1.

12. Learned counsel appearing on behalf of the petitioners has come

forward and on instructions from the petitioner no. 1 submits that the

petitioner no. 1 is ready to pay an amount of Rs.75,000/- for the welfare

purposes.

13. In the interest of justice, I hereby direct the petitioner no. 1 to pay an

amount of Rs.75,000/- in favour of respondent nos. 2 to 4, which shall be

paid within two weeks and the receipt of the same shall be furnished to the

IO concerned.

14. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioners

any further.

15. For the reasons afore-recorded, the FIR No. 435/2011 registered at

Police Station - Maurya Enclave and all other proceedings emanating

therefrom are quashed.

16. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 15, 2020 PB