SHIV SHANKAR MURADA Vs. STATE

JUDGEMENT

(1.) This is a petition seeking quashing of FIR No.115/2005 under Sections 448/380/427 of IPC, Police Station Rajinder Nagar and the proceedings emanating out of the said FIR. The dispute arose on account of the demolition of the premises of Dr.H.J.Chibbar in the market at 56, Old Rajinder Nagar, Delhi in the night of 20th/25th July, 2005 and damage caused to the medical equipment and furniture etc of the respondent No.2. An FIR was registered against the petitioner on account of this.

(2.) Later on a settlement has been arrived at between the respondent No.2 who was a tenant with the petitioner Sh.Shiv Shankar Murada who was a landlord and under the settlement the parties agreed that the respondent No.2 Dr.H.J.Chibbar shall surrender her tenancy rights in respect of the property which was demolished, to the petitioner and the petitioner shall pay a sum of Rs.2 lakhs in respect of all the damages caused to her and the amounts of compensation which the respondent No.2 would have been entitled from the petitioner. The settlement was reduced into writing and is dated 31st May, 2007 a copy of which is also produced along with the petition.

(3.) The parties are present and they admit that the settlement has been arrived at between them on their own free will. Under the settlement out of Rs.2 lakhs an amount of Rs.50,000/- was paid earlier and the balance amount of Rs.1,50,000/- has been paid today by a bank draft No.481250 dated 24th May, 2010 drawn on Indian Overseas Bank, New Delhi in favour of Dr.H.J.Chibbar which is given by the learned counsel for the petitioner in the presence of petitioner to the respondent No.2 which is accepted by respondent No.2. Respondent No.2 Dr.H.J.Chibbar is identified by her counsel, Mr.J.P.Tiwari.