PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.425/2004 lodged against them by the respondent No.2, whose father is a tenant of part of the first floor of premises bearing No.8673, Siddiqui Manzil, Bahargarh, Roshanara Road, Delhi, owned by them. On the basis of the complaint, an FIR was registered with Police Station: Subzi Mandi.

(2.) It is stated by the counsel for the petitioners that the genesis of the dispute between the parties is the tenanted premises under the occupation of father of the respondent No.2 and his family. The details of the pending litigations between the parties have been set out in the Agreement dated 03.07.2009, entered into between the petitioners and the father of respondent No.2 (Annexure-C). Counsel for the petitioners submits that apart from the two civil litigations, mentioned at Serial No.5 and 6 at internal page 2 of the aforesaid agreement, there are four other litigations, out of which those covered under the FIR, subject matter of the present petition, are mentioned at Serial No.1 and 2. It is stated by the counsel for the petitioners that during the pendency of the present proceedings, the parties have arrived at a settlement in respect of all other litigations except for the present FIR. As a result of the settlement, the petitioners have agreed to pay a sum of Rs.6,50,000/- to the father of respondent No.2, out of which, a sum of Rs.4,00,000/- has already been paid. The balance sum of Rs.2,50,000/- has been agreed to be paid by the petitioners immediately upon the vacant physical possession of the tenanted premises being handed over by the father of respondent No.2 to them.

(3.) The respondent No.2 and his father are present in Court and they confirm that the aforesaid settlement has been arrived at with the petitioners of their own free will and volition. Respondent No.2 also informs the Court that after executing the Agreement dated 03.07.2009, another Agreement dated 31.08.2009 was executed between the parties on the same lines, so as to extend the time to complete the terms and conditions of the earlier Agreement. He states that immediately upon receipt of the balance sum of Rs.2,50,000/-, his father shall hand over vacant peaceful possession of the tenanted premises to the petitioners, which fact is confirmed by his father as well. Both, the respondent No.2 and his father are identified by the counsel for the petitioners.