W.P.(CRL)/3731/2023 of MAHENDER PAL. & ORS. Vs STATE OF NCT OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 3731/2023

MAHENDER PAL. & ORS......Petitioners

Through:Ms. Vrinda Parashar, Mr. Lal SinghThakur, Mr. Rachit, Mr. Rakesh Kr.Solanki, Mr. Sudhir Tewatia, Mr.Hemant Kapoor, Ms. Sakshi Verma,Advocates with petitioners.Thakur, Mr. Rachit, Mr. Rakesh Kr.Solanki, Mr. Sudhir Tewatia, Mr.Hemant Kapoor, Ms. Sakshi Verma,Advocates with petitioners.

versus

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

Through:Mr. Sanjeev Bhandari, ASC for the

State.Mr. Vishal and Ms. Mayuri Luthra,Advocates for R2 with R2.Mr. Vishal and Ms. Mayuri Luthra,Advocates for R2 with R2.

CORAM:HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R R24.07.2024

1.The present Petition under Article 226 of the Constitution of Indiaread with Section 482 of the Code of Criminal Procedure, 1973 (hereinafterreferred to as 'Cr.P.C.') has been filed on behalf of the petitioners and therespondent No. 2 seeking quashing of FIR No. 0463/2023 registered atPolice Station Palam Village, South West Delhi, for offences punishableunder Sections 448/380/506/34 of the Indian Penal Code, 1860 (hereinafterreferred to as ‘IPC’)

2.Issue notice.

3.Mr. Sanjeev Bhandari, learned ASC accepts notice on behalf of the

State.

4.Briefly stated, the petitioners are law abiding and peace lovingcitizens and never involved in any criminal case. Since 2008 till 07.12.2023,petitioners were in the possession of the property bearing No. B-209,Dwarka, Sector-8, New Delhi. On the complaint of respondent No.2, thepolice officials of Police Station Palam Village, registered the aforesaid FIRon 06.09.2023 and arrested the petitioner Nos. 1 and 2. Thereafter, the wifeof the petitioner No. 1 had filed civil suit bearing No. 1303/2023 titled as‘Maya Devi vs. Harish Sachdeva & Ors.’. On 16.10.2023, the Hon’ble Courthas granted the interim injunction in favour of the wife of the petitioner No.1 and the petitioner Nos. 1 and 2 moved an application for seeking RegularBail in the present FIR. On 26.10.2023, the Court granted the Regular Bailto them. The petitioner No. 3 has also approached the Corut seekingAnticipatory Bail and the same was allowed.

5.It has been submitted that due to intervention of some respectablemembers of the society, the matter has been amicably settled between thecomplainant and the petitioners, out of the court. As per the terms andconditions of the settlement, the petitioners had agreed to vacate the suitproperty with undertaking given by the respondent No. 2, to pay sum ofRs.5,00,000/-, to the petitioners, at the time of taking physical possession ofthe suit property; the physical possession of the suit property will be handedover by the petitioners to the respondent No. 2, on 07.12.2023. As per theterms and conditions, on 02.12.2023, the wife of the petitioner No. 1 hadwithdrawn the civil suit bearing No. 1303/2023.

6.A request for quashing of the aforesaid FIR, has been made onaccount of the Settlement inter se the parties. In view of the settlement, the

present Petition has been filed.

7.The parties are present in the Court in person and have been identifiedby their counsel and Investigating Officer concerned. The parties haveendorsed the amicable settlement and accepted the terms thereof voluntarily.

8.Today, the complainant who is present in Court, states that he has noobjection, if the FIR is quashed.

9.In view of the above facts that the parties have amicably resolvedtheir differences out of their own free will and without any coercion. Hence,it would be in the interest of justice, to quash the abovementioned FIR andthe proceedings pursuant thereto. Moreover, there is no legal impediment inquashing the FIR in question.

10.Accordingly, FIR bearing No. 0463/2023, registered at Police StationPalam Village, South West Delhi, for the offences punishable underSections 448/380/506/34 of the IPC and all consequential proceedingsemanating therefrom are quashed.

11.The Petition stands disposed of.

JULY 24, 2024/RS

NEENA BANSAL KRISHNA, J