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Vishal Gahlot & Anr. v. the State (Govt.of NCT of Delhi) & Anr.

Delhi HC12 Sept 2018W.P.(CRL)/2084/2018

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging cheque-related offences based on a settlement regarding inheritance properties. The court observed that parties amicably resolved the dispute and quashed the FIR and subsequent proceedings as no useful purpose would be served.

What did the court decide?

FIR No. 707/2016 registered at PS Bindapur and all proceedings pursuant thereto are quashed.

Vishal Gahlot & Anr. Vs the State (Govt.of NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2018)

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37# $~

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2084/2018
VISHAL GAHLOT & ANR ..... Petitioners Represented by: Mr. R.D. Kaushik, Advocate with petitioners in person. versus
THE STATE (GOVT.OF NCT OF DELHI) & ANR..... Respondents Represented by: Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel for State with SI Raghuveer, PS Bindapur. Mr. Pradeep K. Singh and Mr. Pankaj Gulia, Advocate for respondent No. 2 with respondent No. 2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 12.09.2018

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By the present petition, petitioners seek quashing of FIR No. 707/2016 under Sections 420/468/471/34 IPC registered at PS Bindapur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned proxy counsel for learned Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No. 2, who is the wife of the deceased brother of petitioner No. 1 the only complainant/victim.

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W.P.(CRL) 2084/2018 Page 1 of 3

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Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners Vishal Gahlot and Amit Gahlot. She states that Vishal Gahlot is her brother in law, whereas Amit Gahlot is cousin brother of her deceased husband. In terms of the settlement arrived at between the parties before the Delhi Mediation and Conciliation Centre on 18^th December, 2017, copy whereof is annexed as Annexure-B to the present petition, the entire dispute between the petitioner No.1 and respondent No.2 in relation to inheritance of the property of late Dharam Singh Gahlot, father in law of respondent No.2 has been settled. She states that she has already received her share as mentioned in the terms of settlement arrived at between the parties and thus she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of settlement arrived at between the parties.

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Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties.

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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, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Page 2 of 3

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W.P.(CRL) 2084/2018

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Consequently, FIR No. 707/2016 under Sections 420/468/471/34 IPC registered at PS Bindapur, Delhi 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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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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SEPTEMBER 12, 2018 ‘vn’

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Page 2 of 3

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W.P.(CRL) 2084/2018

Vishal Gahlot & Anr. v. the State (Govt.of NCT of Delhi) & Anr.

Case brief

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Vishal Gahlot & Anr. v. the State (Govt.of NCT of Delhi) & Anr.

Case brief

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