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Delhi High Court - Orders

Manju Kapoor & Anr vs State Of Nct Of Delhi & Anr on 18 July, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~19
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 1819/2021 & CRL.M.A. 19026/2021
                                 MANJU KAPOOR & ANR.                              ..... Petitioner
                                                   Through: Mr. Anil Mittal, Ms. Komal
                                                   Aggarwal, Advocates with P-1 and P-1 in-person

                                                   versus

                                 STATE OF NCT OF DELHI & ANR.                     ..... Respondent
                                                   Through: Mr. Jugal Wadhwa, Mr. Raghav
                                                   Goyal, Advs. with R-2 in-person
                                                   Mr. Piyush Singhal, Adv. for Mr. Ashish
                                                   Aggarwal, Ld. ASC
                                                   Insp. Ranbir Singh, PS Lajpat Nagar
                                 CORAM:
                                 HON'BLE MR. JUSTICE JASMEET SINGH
                                                   ORDER

% 18.07.2022 This is a petition filed seeking quashing of the FIR No. 346/2017 dated 02.08.2017 registered at PS Lajpat Nagar, District South-East, New Delhi under Section 420/468/471/34 IPC.

As per the FIR, there are allegations against the petitioner by the respondent No.2 of forgery and fabrication of will of the father of the petitioner and respondent No.2. The petitioners and respondent Nos. 2 are brother and sister. The petitioners and respondent No.2 have settled the matter among themselves.

The petitioners are present in Court and have been identified by Mr. Anil Mittal, learned counsel.

Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:26.07.2022 19:04:58

The respondent No.2 is also present in Court and has been identified by Mr. Jugal Wadhwa, learned counsel and the I.O. Insp. Ranbir Singh, PS Lajpat Nagar, New Delhi.

It is stated by the parties that the settlement has been arrived at out of their own free will and without any undue influence, threat, pressure and coercion.

This order is only concerned with quashing of the FIR and does not, in any manner, decide the entitlements of petitioner No.1 and the respondent No.2 with regard to the estate of the father. The respondent No.3 is an accused in the FIR, and according to me, in case the FIR is quashed, it will not affect any of his legal rights.

I am of the view that the entire police machinery has been put in motion on account of the acts of commission & omission on behalf of the petitioners and useful time of the police has been utilized. Hence the petitioners must do some social good for the benefit of the Society.

For the reasons stated above, the petitioners will pay a sum of Rs. 50,000/- to the DHCLSC and the respondent No.2 will pay a sum of Rs. 30,000/- to the DSLSA.

In the aforesaid terms, the FIR No. 346/2017 dated 02.08.2017 registered at PS Lajpat Nagar, District South-East, New Delhi under Section 420/468/471/34 IPC and all consequential proceedings emanating therefrom are hereby quashed.

JASMEET SINGH, J JULY 18, 2022 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:26.07.2022 19:04:58