MEHTAB SINGH Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) This is a Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) preferred by the Petitioners for quashing of FIR No. 388/2010, under Section 420/468/471/120B IPC, Police Station Najafgarh and consequential proceedings arising out of the same. FIR No. 388/2010 was registered on the basis of directions issued by the Metropolitan Magistrate under Section 156(3) of the Cr.P.C. The Complainant (Petitioner No. 5) had purchased certain land measuring 11 Bighas and 8 Biswas, situated in the revenue estate of Village Dichaon Kalan, Delhi-5 from Petitioners No. 1 to 4. A Sale Deed dated 02.08.2006 was executed in favour of the earlier said Petitioners. Subsequently, it transpired that a small portion of land had already been acquired by the Govt. and the compensation paid to Petitioners No. 1 to 4. The Complainant (Petitioner No. 5) therefore, approached the Court of Metropolitan Magistrate on the ground that an offence of criminal breach of trust, cheating, forgery, etc. was committed by the Petitioners No. 1 to 4. A Civil Suit for specific performance was also filed by Petitioner No. 5 against Petitioners No. 1 to 4 being Suit No. 32 of 2011 (in the Court of Ms. Mamta Tayal, ADJ, Dwarka, New Delhi). The dispute between the parties with regard to acquisition of the small portion of land was settled by executing a fresh Sale Deed in favour of Petitioner No. 5 by Petitioners No. 1 to 4. A joint Application under Order 23 Rule 3 CPC was moved by the Petitioners No. 1 to 5 before the learned ASJ and a compromise was recorded on 04.04.2012. A Compromise Deed Ex.C-1 and the Affidavit of the parties Ex.C-3 to C-3 were placed on record and the suit was disposed of as compromised.

(2.) It is stated by the Petitioners, particularly, Petitioner No. 5 that primarily the dispute between the parties was of a civil nature and that they have settled their dispute amicably without any pressure, force and coercion. It is stated that Petitioner No. 5 does not want to proceed to proceed further with the FIR and the criminal proceedings emanating there from.

(3.) Ms. Rajdipa Behura, APP for the State has gone through the FIR and admits the averments about the dispute between the parties.