Gopi Goyal & Anr vs State & Anr

SANJEEV SACHDEVA, J. (ORAL)

The petitioners seek quashing of FIR No.149/2017 under Sections 420/406/34 IPC, Police Station Tilak Nagar, based on a settlement.

The subject FIR emanates out of a dispute with regard to the sale of a property, which was intended to be sold by the petitioner to the respondent

No.2. It is alleged in the FIR that a sum of Rs.25,00,000/- was paid to the petitioner. Â

Learned counsel for the petitioners submits that the parties were referred to mediation and they have settled their disputes before the Delhi

Mediation Centre, Tis Hazari Courts on 06.04.2018. Â

As per the settlement terms, the complainant has agreed to receive a total sum of Rs.14,00,000/- in full and final claims against the petitioners. The

suit filed by the complainant has already been withdrawn in terms of the settlement. A sum of Rs.4,00,000/- has already been paid and the balance

sum of Rs.10,00,000/- is paid to the respondent No.2 by way of two cheques bearing Nos.076064 and 076065, dated 21.05.2018 drawn on Bank of

India, both in the sum of Rs.5,00,000/-.

The petitioners, who are present in Court, undertake that the cheques shall be honoured on their presentation. The undertaking is accepted.

Respondent No.2 is present in person and is identified by the Investigating Officer. He submits that he has settled the disputes with the

petitioners. He further submits that he does not wish to press the complaint against the petitioners any further.Â

In view of the fact that the disputes between the parties has been settled, 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 also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.Â

In view of the above, FIR No.149/2017 under Sections 420/406/34 IPC, Police Station Tilak Nagar and the consequent proceedings emanating

there from are quashed.Â

Order Dasti under the signatures of the Court Master.