Manoj & Anr v. State & Anr

# % 12.11.20 10 Present: Mr. Shiv Kumar Sharma, Adv. for the Petitioners. Mr. Vipin Sharma, Adv. for Mr. Ranjit Kapur, ASC for the State with SI Vijender Singh, P.S. Uttam Nagar. Mr. Ashwani Goel, Adv. for respondent No. 2; + Cr1. M.A. No. 1725 1/2010 (exemption) Allowed, subject to all just exceptions. Application stands disposed of. W.P. (Cr1.) No. 1693/2010 Dispute arose between the petitioners and respondent No. 2 over a plot of land admeasurmg 200 sq. yds. bearing No. C-7 forming part of Khasra No. 737, Village Nawada, now known as Mohan Garden, New Delhi. Accordingly, on the complaint of respondent No. 2 FIR in question was registered against the petitioners. It appears that petitioner No. 1 had filed a civil suit bearing No. 323/2009 against respondent No. 2 in respect of the aforesaid plot of land in the court of Additional District Judge, Delhi. During the pendency of the said suit, matter was compromised between the parties, consequently, an application under Order 23 Rule 3 of the Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. CPC was filed in the Court of Additional District Judge and in terms of this application, said suit was disposed of as settled, vide order 41h August, 2010 passed by Mr. Bhupesh Kumar, Additional District Judge, Delhi. In view of the settlement arrived at between the parties and in the larger interest, I quash the FIR No. 368/2009 under Sections 420/511/368/471/34 IPC registered at police station Uttam Nagar and the consequent proceedings emanating therefrom. Petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J. NOVEMBER 12, 2010 rb