Delhi High Court - Orders
Mahinder Singh vs State Of Nct Of Delhi & Anr on 4 November, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2649/2022
MAHINDER SINGH ..... Petitioner
Through: Mr. Kaushik Kharbanda, Mr. Sahil
Pahwa, Advocates with petitioner in
person
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Raghuvinder Varma, APP for
State with SI Harsh Kumar, P.S. Nabi
Karim
Mr. Sarvan Kumar, Advocate for R-2
R-2 in person (through V.C.)
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 04.11.2022
[Through Hybrid Mode]
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no.204/2013 dated 18.09.2013 registered under sections 420/468/471 IPC at P.S. Nabi Karim, Delhi.
2. The perusal of FIR bearing no.204/2013 reflects that it was got registered on the basis of the complaint made by the respondent no.2 on the allegation that the petitioner being a tenant under the respondent no.2 prepared forged and fabricated document for obtaining the electric connection in the property bearing no. 10504, Bagichi Allauddin, Gali No.4 & 5, Paharganj, Delhi-55. The charge-sheet has already been filed after Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:35 completion of the investigation and the trial is stated to be pending in the Court of Gaurav Sharma, MM, Central Tis Hazari Courts, Delhi.
3. The petitioner and the respondent no.2 who is appeared through video conferencing are identified by Investigating Officer Harsh Kumar, P.S. Nabi Karim.
4. The petitioner filed a Civil Suit bearing CS SCJ no.2879/2016 tiled as Mahender Singh V. Ajay Saxena & Ors. which was referred to Delhi Mediation Centre, Tis Hazari Courts. The petitioner and the respondent no.2 vide Settlement dated 21.12.2021 has agreed to settle with each other.
5. The petitioner was stated to be a tenant under the respondent no.2 and the petitioner no.1 has already vacated the tenanted premises.
6. The counsel for the petitioner stated that as the dispute has amicably settled between the petitioner and the respondent no.2, as such the present petition be allowed and FIR bearing no. 204/2013 registered under sections 420/468/471 IPC at P.S. Nabi Karim, Delhi be quashed.
7. The respondent no.2 also stated that as the petitioner has vacated the tenanted premises bearing no. 10504, Bagichi Allauddin, Gali No.4 & 5, Paharganj, Delhi-55 and he has settled amicably vide Settlement dated 21.12.2021 and as such he does not have any objection if the present petition and FIR bearing no. 204/2013 registered under sections 420/468/471 IPC at P.S. Nabi Karim, Delhi is quashed.
8. The Additional Public Prosecutor for the respondent no.1/State also stated that under the given facts and circumstances, he does not have any objection if the present petition is allowed and FIR bearing no. 204/2013 registered under sections 420/468/471 IPC at P.S. Nabi Karim, Delhi is quashed.
Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:359. The petitioner was a tenant under the respondent no.2 in respect of the premises bearing no. 10504, Bagichi Allauddin, Gali No.4 & 5, Paharganj, Delhi-55 and the petitioner has already vacated the tenanted premises and handed over the possession to the respondent no.2. The petitioner no.1 and the respondent no.2 have already settled their disputes vide Settlement dated 21.12.2021.
10. After considering all facts, the present petition is allowed and FIR bearing no. 204/2013 registered under sections 420/468/471 IPC at P.S. Nabi Karim, Delhi is quashed alongwith consequential proceedings including judicial proceedings.
SUDHIR KUMAR JAIN, J NOVEMBER 4, 2022/j/sd Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:35