Quashed

Bagwan Das v. State of Delhi & Ors.

Delhi HC1 Sept 2011CRL.M.C./2446/2011

Case brief

AI extract

What is this about?

The court quashed an FIR and subsequent proceedings arising from a property dispute among legal heirs. The parties had settled the matter amicably during mediation, with the Petitioner transferring the disputed property to one of the legal heirs. Finding that continuing the proceedings would serve no purpose, the High Court quashed the FIR under Section 448 IPC.

What did the court decide?

FIR No. 511/1995 and all proceedings pursuant thereto are quashed. The petition is disposed of.

Bagwan Das Vs State of Delhi & Ors. — Cheating and Forgery | Delhi HC (2011)

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Signature Not Verified

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Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.

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RZ-108, Gali No.4, East Sagar Pur, New Delhi. The complainant Krishan Singh has died. The matter was referred to mediation in . the civil proceedings being RSA No. 20/2010 pending before this Court. During the mediation proceedings the parties i.e. the Bhagwan Dass and the legal heirs of deceased complainant Krishan Singh Pawnar have settled the matter. The three legal heirs Smt. Usha Panwar, Shri Deepak Panwar and Smt. Asha Chauhan. the wife, son and daughter of the deceased are present in Court. Smt. Archna Kumari the other daughter of the deceased Shri Krishan Singh Panwar is residing in West Bengal and has filed an affidavit to this effect before this Court stating that she has settled the matter. In terms of the settlement the Petitioner has transferred the property No. RZ-1 08, measuring 203 sq. yds. in Khasra No. 105/ 87 & 88 Village Nasirpur, Colony now known as East Sagar Pur to Shri Deepak Panwar, Respondent No.2 herein by executing the necessary documents. Besides the Petitioner his wife was also charge-sheeted. However, learned counsel for the Petitioner states that the wife of the Petitioner Smt. Roop Rani has expired.

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In view of the fact that the parties have settled the matter, the Respondents No. 2,3 & 4 who are present in Court, duly identified by their counsel state that they do not want to pursue the abovementioned FIR and CRL.M.C. 244612011 page 2 of 3

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the proceedings pursuant thereto. The Petitioner has agreed to sell the property to Shri Deepak Kumar the Respondent No.2 with the consent of all the Resp<!mdents. An affidavit of Respondent No.3 Smt. Archana has been filed which also states that the matter between the parties has been settled and she has no objection if the abovementioned FIR and the proceedings thereto ane quashed.

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In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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Consequently, FIR No. 511/1995 under Section 448 IPC registered at P.S. Dab:ri and proceedings pursuant thereto are hereby quashed.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court.

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The petition is disposed of. Order dasti.

Bagwan Das v. State of Delhi & Ors.

Case brief

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Bagwan Das v. State of Delhi & Ors.

Case brief

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