SURENDER SINGH Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India for quashing of FIR No. 130/2011 under Section 448/341/467/ 468/471/420/34 IPC registered at P.S. Rani Bagh, Delhi and consequential proceedings arising therefrom. The facts as mentioned in the petition leading to the registration of the case FIR No. 130/2011 P.S. Rani Bagh, Delhi are that Late Ms. Harbans Kaur Nayar acquired the absolute ownership along with the vacant peaceful possession of the residential plot bearing No. 8, Block -A, Government School Teachers Co -operative Housing Building Society Limited measuring 193.33 sq. yds. vide a perpetual lease deed executed by the Land and Building Department of the Delhi Administration. Thereafter she bequeathed the same to late Harbans Lal Nayar by way of a Probate Will dated 25.01.2005. After the death of Sh. Harbans Lal Nayar the above said property devolved upon the daughter Ms. Geeta Makkar by way of a Registered Will dated 03.02.2010. A civil suit has been filed by the respondent No. 2 against the deceased Harbans Lal Nayar and Ors. As per the FIR, the dispute arose between the respondent No. 2 and petitioner only when on 08.08.2009 respondent No. 2 visited the abovesaid property and found that some anti social elements have taken the wrongful possession of the said property and Shile Pehlwan forcibly restrained him from entering the aforesaid premises. On the complaint of respondent No. 2 Ld. M.M. directed for registration of FIR and accordingly the aforesaid FIR got registered.

(2.) IT has been stated that both the parties have arrived at an out of Court settlement, which fact is also recorded in the CS(OS) 611/2010 vide order dated 12.09.2012, copy of the same is placed on record as Annexure - C, and complainant does not wish to pursue the complaint against the petitioner any further and want that the said FIR and all proceedings emanating therefrom may be quashed.

(3.) LEARNED counsel for the petitioner submits that the matter in dispute has been amicably settled and no purpose would be served in prosecuting the petitioner, therefore, the FIR may be quashed.