W.P.(CRL)/2185/2024 of SMT SANGEETA MUKHERJEE & ANR. Vs THE STATE NCT OF DELHI & ANR.
Parties
- + W.P.(CRL) 2185/2024 SMT SANGEETA MUKHERJEE & ANR (PETITIONER)
- THE STATE NCT OF DELHI & ANR (RESPONDENT)
Cites (1)
Statutes cited (3)
- constitution of india, article-226 (1950)
- constitution of india (1950)
- indian penal code (1860)
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 2185/2024SMT SANGEETA MUKHERJEE & ANR.SMT SANGEETA MUKHERJEE & ANR.
.....Petitioner
Through:Mr. Bhagwan Jha, Adv.
versus
THE STATE NCT OF DELHI & ANR.
.....Respondent
Through:Mr. Amol Sinha, ASC with Mr.Kshitiz Garg, Adv.Insp. Yogesh, PS Amar Colony
CORAM:HON'BLE MR. JUSTICE JASMEET SINGHO R R
%25.11.2024
1.This is petition filed under Article 226 of the Constitution of Indiaseeking quashing of the FIR No. 584/2022, dated 02.09.2022 registeredat PS Kalkaji, under Sections 420/467/468/471/34 of IPC, 1860 and allconsequential proceeding emanating therefrom.seeking quashing of the FIR No. 584/2022, dated 02.09.2022 registeredat PS Kalkaji, under Sections 420/467/468/471/34 of IPC, 1860 and allconsequential proceeding emanating therefrom.
2.As per the allegations in the FIR, the petitioner no.1 is the owner of theproperty bearing no. House no. 77, Ground floor, Pocket 40, ChitranjanPark, New Delhi and had agreed to sell the said property to respondentno. 2/complainant, however respondent no. 2 later got to know thatpetitioner no.1 had also executed another sale deed with respect to thesame property in the name of one, namely, Mr. Vivek Mishra.property bearing no. House no. 77, Ground floor, Pocket 40, ChitranjanPark, New Delhi and had agreed to sell the said property to respondentno. 2/complainant, however respondent no. 2 later got to know thatpetitioner no.1 had also executed another sale deed with respect to thesame property in the name of one, namely, Mr. Vivek Mishra.
3.Hence the FIR No. 584/2022 came to be registered.
4.During the pendency of the proceedings, the parties have arrived at
settlement before the Mediation Centre, Saket Courts, Delhi dated04.08.2023, wherein the petitioner has returned an amount of Rs.36,75,000/- to respondent no.2/complainant towards full and finalsettlement of all the disputes.
5.The petitioner is present in Court and has been identified by his counselMr. Bhagwan Jha, Adv. Respondent No.2 is also present in Court andhas been identified by Inspector, Mr. Yogesh, PS Amar Colony.Mr. Bhagwan Jha, Adv. Respondent No.2 is also present in Court andhas been identified by Inspector, Mr. Yogesh, PS Amar Colony.
6.The parties state that they have arrived at settlement out of their ownfree will and without any threat, pressure or coercion.free will and without any threat, pressure or coercion.
7.Since the parties have arrived at settlement and no disputes arepending, I am convinced that quashing of such proceedings on accountof compromise would bring peace and would secure ends of justice.The Court does not see any fruitful purpose if criminal proceedings arepermitted to be prosecuted any further.pending, I am convinced that quashing of such proceedings on accountof compromise would bring peace and would secure ends of justice.The Court does not see any fruitful purpose if criminal proceedings arepermitted to be prosecuted any further.
8.In this view of the matter, there is no reason to continue theproceedings.proceedings.
9.For the reasons noted above, and in view of the settlement arrived atbetween the parties, the FIR No. 584/2022, dated 02.09.2022 registeredat PS Kalkaji, under Sections 420/467/468/471/34 of IPC, 1860 and allconsequential proceeding emanating therefrom are hereby quashed.between the parties, the FIR No. 584/2022, dated 02.09.2022 registeredat PS Kalkaji, under Sections 420/467/468/471/34 of IPC, 1860 and allconsequential proceeding emanating therefrom are hereby quashed.
10. The petition is disposed of accordingly.
NOVEMBER 25, 2024 / (MS)
JASMEET SINGH, J
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