SURENDER SINGH & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Surender Singh, Smt. Shanta, Mahender Pal, Devi Lal and Robin Kumar Ghosh for quashing of FIR No.146/2012 dated 24.04.2012, under Sections 468/120B/471/420/ 467 IPC registered at Police Station K.N. Katju Marg on the basis of the Memorandum of Understanding (MOU) between the petitioners and respondent no.2 & 3, namely, Sh. Mahender Singh and ICICI Bank Ltd. through its authorized representative Sh. Ramandeep Singh on 02.04.2013.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by Investigating Officer.

(3.) Respondent No.2 present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the MOU, the petitioners have agreed to pay a sum of Rs.12,08,000/- to the respondent no.3 towards full and final settlement of all the claims and respondent no.3 has also agreed to accept the said amount towards the loan account No.LBDEL00001765039. Respondent no.3 agreed that on receipt of said amount, they shall not pursue any further action in respect of Home Loan Account No. LBDEL00001765039 and shall issue an NOC against the same and also they shall not pursue any action against the property House No. 47, Ground Floor, Block A, Pocket 8, Sector 17 , Rohini, Delhi under SARFAESI Act. The respondent no.3 also agreed that on payment of money they shall make a statement before the Debts Recovery Tribunal-III, Delhi in S.A. No.294/2012 filed by respondent no.2 in respect of closure of home loan account No. LBDEL00001765039. Respondents agreed to cooperate in the quashing of the FIR in question. Respondent no.2 affirms the contents of the aforesaid report and of his affidavit dated 26.05.2014. In the affidavit, the respondent no.2 has stated that he has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No.2 has been recorded in this regard in which he stated that he has entered into a compromise with the petitioners and has settled all the disputes with them. He further stated that he has no objection if the FIR in question is quashed.