3 culprits / 2 arrested / 3rd never arrested / FIR quashed
IN THE HIGH COURT OF DELHI AT NEW DELHI
18.12.2009
W.P. (Crl.) No. 1315/2009
By way of this petition filed under Article 226 of the
Constitution of India r/w Section 482 Cr.P.C. the petitioners seek quashing of
the FIR No. 635/2008 under Section 420/468/471/406/120-B/34 IPC registered at
P.S. Rajouri Garden and other criminal proceedings arising therefrom.
Mr. Hariharan counsel appearing for the petitioners submits that
with the intervention of the Mediation Centre Tis Hazari Courts, Delhi the
matter in dispute between the parties has been amicably settled. Counsel
further submits that in terms of the settlement dated 30.05.2009 the petitioners
have already paid the entire outstanding amount of all the complainants.
Counsel further submits that now no dispute of any nature survives between the
parties as the grievances of the complaints have already stand redressed.
The quashing of the FIR is strongly opposed by Ms. Meera Bhatia,
Addl. Standing Counsel for the State. Counsel for the state submits that there
are serious allegations against the petitioners who had forged various documents
from Government Departments so as to claim ownership of the plot in question
and the necessary approvals granted by Government Departments in favour of the
petitioners? Society.
I have heard counsel for the parties.
Since the matter in dispute has been settled between the parties
due to the intervention of the Mediation Centre Tis Hazari Courts, Delhi and the
petitioners have paid the respective amounts to all the complainants, I am of
the view that no useful purpose would be served in keeping the said FIR and the
proceedings arising therefrom unnecessarily alive any further against the
petitioners. Consequently, the FIR No. 635/2008 under Section
420/468/471/406/120-B/34 IPC registered at P.S. Rajouri Garden and the
criminal proceedings arising therefrom are hereby quashed qua the petitioners.
However, considering the fact that there are serious allegations against the
petitioners that they had forged certain documents of various Government Offices
including the Office of the Assistant Registrar Cooperative Societies, Gurgaon I
impose cost of Rs.20,000/- each on all the petitioners which shall be deposited
by them with the Delhi High Court Bar Association Lawyers? Social Security and
Welfare Fund within a period of four weeks from the date of this order.
Necessary deposit receipt shall be filed by the petitioners with the Registrar
General of this Court within a period of one week from the date of deposit.
DASTI.
December 18, 2009 KAILASH GAMBHIR,J
---------------------------------
IN THIS FIR SANJAY BHATIA & VANDANA BHATIA & BANSAL WERE NAMED. SANJAY BHATIA & BANSAL WERE ARRESTED
AS FIR WAS QUASHED
CAN ANY ACTION BE TAKEN ON VANDANA BHATIA NOW ?
PL ADVISE
Asked 5 years ago in Criminal Law
Religion: Sikh