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Smt. Soniya & Anr vs The State (Nct Of Delhi) & Anr on 5 August, 2022

Author: Talwant Singh

Bench: Talwant Singh

                      $~3
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      CRL.M.C. 2998/2022 & Crl.M.A.No.12623/2022
                             SMT. SONIYA & ANR.                           ..... Petitioner
                                             Through: Mr. M.K. Perwez, Advocate.
                                             versus
                             THE STATE (NCT OF DELHI) & ANR.              ..... Respondent
                                             Through: Mr. Raj Kumar, APP for State.
                                                        SI Manish Tyagi, PS Jamia Nagar.
                                                        Mr. Sanjai Premi, Advocate for R-2.
                             CORAM:
                             HON'BLE MR. JUSTICE TALWANT SINGH
                                             ORDER

% 05.08.2022

1. This is a petition under section 482 of Criminal Procedure Code, 1973 for quashing of FIR No. 495/2021, dated 30.10.2021, under Section 406/420/465/467/468/471/34 IPC, PS Jamia Nagar, alongwith consequential proceeding emanating therefrom.

2. Brief facts of the case are that the complainant alleged that on 27.08.2021 his tenants Mr. Adil Khan and his wife Mrs. Soniya Adil, R/o A- 73, First Floor, Street No.3, Johri Farm, New Delhi- 11 0025 did not comply with the rental agreement of the property No. M4-A, entire Uppar Ground Floor, 280 sq. yds, Lane 2, Near Khalilullah, Masjid, Batla House, New Delhi-1.10025. It is further stated by the complainant that they were not paying the rent since May 2021. Later, he also came to know that the petitioner No.1 & 2 (Mr. Adil Khan and Mrs. Sonia Adil) are illegally selling off his property by posting an advertisement on OLX dated 14 August 2021 by the name of SAAREX Led Lights. Hence, the present FIR has been registered.

3. The petitioners and the respondent have now settled their matter by way of settlement deed dated 04.06.2022 and the parties have agreed to abide by the terms and conditions of the said settlement. The settlement deed forms part of the record as Annexure P-2.

4. The Complainant/respondent and petitioners are present in Court and are duly identified by the IO. The Complainant further state that he has settled the matter with the petitioners and has no objection if the FIR is quashed.

5. The State also has no objection to the matter being settled.

6. Considering the above settlement between the parties and chances of conviction of the petitioners are bleak, there is no use to continue with the proceedings of the present FIR as complainant has settled all the disputes and has received the settled amount from the petitioners.

7. Accordingly, the petition is allowed. Consequently, FIR No. 495/2021, dated 30.10.2021, under Section 406/420/465/467/468/471/34 IPC, PS Jamia Nagar and the proceedings emanating there from are quashed subject to payment of costs of Rs. 5,000/- which will be deposited with Lawyer's Welfare Fund, Saket Court Complex, maintained by Saket Bar Association. Copy of which will be handed over to the IO within two weeks from today. Pending application(s), if any, also stands disposed of.

TALWANT SINGH, J AUGUST 5, 2022/mr Click here to check corrigendum, if any CRL.M.C. 2998/2022 Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:12.08.2022 11:13:17