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Bhim Sen & Others v. State Of Nctd

Bhim Sen & Others v. State Of Nctd

(High Court Of Delhi)

Criminal Writ Petition No. 1185 of 2003 | 09-12-2004

1. This writ petition has been jointly filed by the complainants as well as accused for quashing FIR No. 412/2002 registered at PS Nangloi under Sections 406, 420, 468, 120-B/34, IPC. Learned Counsel for the petitioners submits that the accused and the complainant have resolved their disputes amicably and, as such, there remains no purpose in proceeding against the accused. It is also submitted that the dispute between the parties arose out of the title and possession of the lands, which was a dispute of civil nature, and now stands settled.

2. Considering the fact that the disputes between the parties have been amicably resolved and the FIR in question was lodged on account of disputes between them in regard to the title and possession of certain lands, this Court is of the view that no useful purpose would be served if the parties are compelled to continue with the litigation. It is in the interest of State as well as parties that disputes are resolved amicably and litigation is avoided.

3. Under the circumstances, this Court is of the considered view that it is a fit case in which this Court should exercise its powers under Section 482, Cr.P.C. and quash the FIR as prayed.

Accordingly, FIR No. 412/2002 registered at PS Nangloi under Sections 406, 420, 468, 120-B/34, IPC stands quashed.

Copy Dasti to both the parties.

Advocate List
  • For the Petitioners Mukesh Kalia, Advocate. For the Respondent Akshay Bipin, SI Jagminder Dahiya, PS Nangloi, Rakesh Malhotra, Advocates.
Bench
  • HON'BLE MR. JUSTICE R.C. CHOPRA
Eq Citations
  • 120 (2005) DLT 114
  • LQ/DelHC/2004/1578
Head Note

Constitution of India — Art. 226 — Quashing of FIR — Disputes between parties amicably resolved — FIR lodged on account of disputes between them in regard to title and possession of certain lands — Held, it is in interest of State as well as parties that disputes are resolved amicably and litigation is avoided — FIR quashed — Penal Code, 1860 — Ss. 406, 420, 468, 120-B and 34 — Criminal Procedure Code, 1973, S. 482