High CourtsSingle Bench(2018) 10 DEL CK 0080

Anita Shukla vs State (N.C.T. Of Delhi) & Anr

Delhi High Court · Decided on 3 October 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.4772 OF 2018

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Judgment

22 paragraphs · 309 words

SANJEEV SACHDEVA, J

Crl.M.A. 32419/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 4742/2018

1.

Petitioner seeks quashing of FIR No.109 of 2016 under Sections 420/467/471/34 of the IPC registered at Police Station Bhalswa Dairy, Delhi,

based on a settlement.

2.

The petitioner was a tenant in the property of respondent no. 2.

3.

The allegations in the FIR are that for the purpose of obtaining an electricity connection, NOC of respondent no. 2 was forged and fabricated by the

petitioner.

4.

Learned counsel for the parties submit that the parties have settled their disputes and settlement agreement dated 07.04.2018 has been executed

before the Delhi Mediation Centre, Rohini Courts, Delhi.

5.

The petitioner who was a tenant has already surrendered the tenancy in favour of respondent no. 2 to fulfil one of the conditions of the settlement

agreement.

6.

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

disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

7.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his 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.

8.

In view of the above, the petition is allowed. FIR No.109 of 2016 under Sections 420/467/471/34 of the IPC registered at Police Station Bhalswa

Dairy, Delhi and the consequent proceedings arising therefrom are, accordingly, quashed.

9.

Order Dasti under the signatures of the Court Master.