SANTOSH CHAWLA & ANR Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent had made a complaint sometime in 2008 in the court of Metropolitan Magistrate alleging offences punishable under Sections 419/420/463/464/468/471/120B of Indian Penal Code, 1860 (IPC) having been committed by the petitioners, concededly his mother and brother respectively, vis-'-vis certain property in which he claimed to have a share. The said complaint resulted in direction in terms of Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) being issued to the police and that resulted in First Information Report (FIR) no. 464/2008 being registered by Police Station Kalkaji. The parties, it may be added, were also locked in litigation in civil court, it having arisen out of the same controversy. The FIR was investigated into and is stated to have resulted in a charge-sheet being presented in the competent court on which cognizance was taken in 2010. It appears no progress has been made in the said criminal case ever since.

(2.) The civil dispute, in the meanwhile, had resulted in certain decision by the trial court which became subject matter of Regular First Appeal (no. 234/2012) that came up before this Court. The parties at that stage went to the process of mediation where they entered into a settlement in terms of which certain obligations and rights vis-'-vis each other were created. One of the said terms of settlement was that the second respondent would "cooperate in every way necessary" to secure the quashing of the afore-mentioned FIR. Concededly, the terms of the settlement were not abided by and the grievances of each side against the other continued. The petitioners had earlier approached this Court with similar prayer as in the petition at hand by Criminal M.C. No.115/2013 for quashing of the FIR but the said prayer was declined by order dated 17.09.2013. Later, yet another similar petition was filed, it being Crl.M.C. No. 5887/2014 which was dismissed as withdrawn on 10.12015.

(3.) Against the above backdrop, this petition has been filed seeking the proceedings in the criminal case arising out of the afore-mentioned FIR to be quashed.