SURINDER SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) In this petition, quashing of FIR No. 46/2012, registered at police station Chitranjan Park, New Delhi, in which charge -sheet has been filed for the offences under Ss. 436/451/506 of the IPC is sought on the basis of mutual settlement as reflected in the order of 18th March, 2014 of a Coordinate Bench of this Court in CS(OS) No. 1779/2013 (Annexure -B). Along with this petition, affidavit of respondent No. 2 - J C Arora has been also filed wherein he confirms the factum of settlement and had submitted that in pursuance to the mutual settlement, he has withdrawn the suit and he is no longer interested in continuing with the criminal proceedings.

(2.) At the hearing, efforts to obtain presence of respondent No. 2 have proved futile. Learned Additional Public Prosecutor for respondent -State on instructions from SI Birender Singh submits that the dispute between the parties is a landlord -tenant dispute and respondent No. 2, who is the landlord, is deliberately avoiding the service.

(3.) Learned counsel for petitioner submits that respondent No. 2 has been partly examined by the trial court but he is not forthcoming for his remaining chief -examination after the misunderstanding between the parties being cleared now.