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Judgment
25 paragraphs · 391 wordsSANJEEV SACHDEVA, J
Crl.M.A.33742/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5127/2018
The petitioners seek quashing of FIR No. 366/2017, under Sections 420A/34 IPC, Police Station Burari, based on a settlement. Â
Subject FIR emanates out of a dispute with regard to sale transaction of a property. Petitioners had agreed to sell a property to the complainant and
complainant had paid sale consideration of Rs. 14 lakhs. Subsequent there was allegation that there was defective title of the petitioner and subject
FIR was registered.
Parties have subsequently settled their dispute and settlement agreement dated 15.02.2018 has been executed.
Parties have settled their dispute and petitioners have agreed to pay a total sum of Rs. 15,25,000/- ( Rupees Fifteen Lakhs and Fifteen Thousand
Only) in full and final settlement of all claims to the respondent. A sum of Rs. 10 lakhs has already been paid. Balance amount of Rs. 5,25,000/- has
been paid by way of the following demand drafts:
DD No. 926376 dated 26.09.2018 drawn on Union Bank of India for Rs. 2 lakh;
DD No. 926377 dated 26.09.2018 drawn on Union Bank of India for Rs. 2 lakh;
DD No. 926378 dated 26.09.2018 drawn on Union Bank of India for Rs. 1 lakh and Rs. 25000/-.
Respondent no. 2 is present in court in person, represented by counsel and identified by Investigating Officer. She submits that she has settled her
dispute with the petitioners and does not wish to prosecute the complaint any further against the petitioners and has no objection to the quashing of the
subject FIR.
In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her 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 therefrom.
In view of the above, the petition is allowed. FIR No. 366/2017, under Sections 420A/34 IPC, Police Station Burari, and the consequent proceedings
emanating there from are accordingly quashed.
Order Dasti under the signatures of the Court Master. Â