This Court has heard counsels v. Accordingly, the prayer made in the petition is allowed. FIR
Case at a glance
- Bench
- HIMA KOHLI
Outcome
Disposed of
The petition is disposed of
Provisions considered
Key paragraphs
- Para 88. The petition is disposed of. File be consigned to the record room. DECEMBER 14,2010 HIMA KOHLI,J CRL.M.C. 3870/2010
Judgment
ORDER 14.12.2010 The present petition by the petitioners -N \ %
Section 482 of the Cr.PC praying for quashing of FIR No.303/2000, lodged by petitioner No.2/complainant against petitioner No.l under Sections .420/468/471 IPC, registered with Police Station: New Friends Colony, Delhi.
As per the aforesaid FIR dated 29.06.2000, petitioner No.2/complainant alleged that he was the owner of property bearing No.526, Zakir Nagar, Gali No.9, Okhla, New Delhi, measuring 50 sq. yards. The said premises was given on rent to petitioner No.l at a monthly rent of ?1,500/- per month, excluding water and electricity charges. However, petitioner No.l defaulted in payment of rent since CRL.M.C. 3870/2010 Signature Not Verified Signing Date:03.08.2024 17:21:43 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. V the year 1999 and he also further sublet the aforesaid premises. As per petitioner No.2/connplainant, petitioner No.l tried to sell property on the basis of forged and fabricated papers, which compelled him to file the aforesaid FIR.
Counsel the petitioners states that apart from the aforesaid FIR, petitioner No.2/compiainant also instituted a suit possession, mesne profit and permanent injunction against petitioner No.l, registered Suit No. 155/2000, which was ultimately s compromised by the parties by filing a joint application
01.10.2001 under Order 23 Rule 3 CPC. The settlement arrived at between the parties was recorded by the learned ADJ vide order dated
01.10.2001 (Page .16 and 17) and the suit was accordingly disposed of. Counsel for the petitioners states that petitioner No.l has now purchased the said premises from petitioner No.2/complainant and all the necessary documents for the sale have been executed and now the parties are left with no grievance against each other.
Petitioner No.2/complainant is present in Court and is identified by the counsel for the petitioners. He confirms the aforesaid position and states that the settlement has been arrived at with petitioner No:i of his own free will and volition and without any undue CRL.M.C. 3870/2010 influence or coercion from any quarter and that he has no objection to the FIR being quashed.
Learned APP for the State submits that after completion of the investigation, charge-sheet has been filed and the matter pending trial. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.
This Court has heard counsels for the parties. In view of the submission made by petitioner No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free A will and volition without influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.
Accordingly, the prayer made in the petition is allowed. FIR No. 303/2000, lodged by petitioner No.2/complainant with Police Station: New Friends Colony, New Delhi, and all proceedings arising therefrom are quashed.
Operative part
The petition is disposed of. File be consigned to the record room. DECEMBER 14,2010 HIMA KOHLI,J CRL.M.C. 3870/2010
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860; Code of Civil Procedure, 1908 — O. 23 r. 3.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.