Pardeep Kumar & Ors vs State (Govt Of NCT) & Ors

SANJEEV SACHDEVA, J

Crl.M.A.31668/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 4564/2018

Petitioners seek quashing of FIR No.816/2016 under Sections 448 IPC, Police Station Dabri, South West.

Subject FIR was registered on the complaint of the respondents that petitioners had encroached upon their property. Learned counsel for the

petitioners submits that the subject dispute had emanated as the petitioners were claiming to be the bonafide purchasers of the property and the

respondents complainants claimed to be the owners of the property.

Parties have settled their disputes. MOU dated 14.05.2018 has been executed between the parties. Respondent Nos.2 and 4 had agreed to pay a

total sum of Rs.2.5 crores to the petitioners. The entire amount of Rs.2.5 crores has been paid to the petitioners and the petitioners confirm that they

have received the said amount and they have no right, title and interest left in the subject property. Â

Respondent Nos. 2 to 4 are present in person and identified by the Investigating Officer. They submit that they have settled their disputes with the

petitioners and do not wish to press the complaint any further and have no objection to the quashing of the subject FIR.

In view of the fact that the parties have resolved their disputes and respondent Nos. 2 to 4 do not wish to press their 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 there from.

In view of the above, the petition is allowed. FIR No.816/2016 under Sections 448 IPC, Police Station Dabri, South West and the consequent

proceedings emanating there from are accordingly quashed.

Order Dastiunder the signatures of the Court Master.