Vinod Kumar & Ors. Vs.state & Anr.

Vinod Kumar & Ors. vs State & Anr.

Type Court Judgment Court Delhi Decided Oct 04, 2018

~4 min read

https://sooperkanoon.com/case/1218419

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Citation: sooperkanoon.com/1218419
Court: Delhi High Court
Decided On: Oct 04, 2018
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Vinod Kumar & Ors.

Respondent

State & Anr.

Excerpt

.....have no rights, title or interest of any nature in the subject land. the undertakings are accepted.6. respondent no.2 in the respective petitions are present in person, represented by counsel and are identified by the investigating officer. they submit that they have settled the disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further.7. in view of the fact that the parties have resolved their disputes and the complainants in both the firs do not wish to press their complaints, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. it would be expedient to quash the subject fir and the consequent proceedings emanating therefrom.8. in view of the above, the petitions are allowed. fir no.101 of 2009 under sections 420/467/468/471/406/506/120-b/34 of the ipc crl.m.c.2705 & 2711/2018 page 3 of 4 registered at police station chhawala, new delhi and fir no.72 of 2009 under sections 420/468/471/448/506/120-b of the ipc registered at police station chhawala, new delhi and the consequent proceedings arising therefrom are, accordingly, quashed, subject to the petitioner-vinod kumar depositing consolidated costs of rs.15,000/- for both these petitions with the “chief minister’s distress relief fund (cmdrf), kerala”, within a period of two weeks from today. receipt of deposit of the costs imposed by this order be furnished to the concerned investigating officer within a period of three weeks from today.9. order dasti under the signatures of the court master. october04 2018 ‘neelam’ sanjeev sachdeva, j crl.m.c.2705 & 2711/2018 page 4 of 4

Full Judgment

$~30 & 31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 2705/2018 Judgment delivered on:

04. 10.2018 VINOD KUMAR & ORS. STATE & ANR. + CRL.M.C. 2711/2018 VINOD KUMAR & ORS. ........ Petitioner

s ........ RESPONDENTS

........ Petitioner

s versus ........ RESPONDENTS

versus STATE & ANR. Advocates who appeared in this case: For the... Petitioner

: For the... RESPONDENTS

: CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA Mr. Durgesh Kumar, Mr. Arvind Kumar and Mr. Amit Chauhan, Advocates (in both petitions) Mr. Kamal Kr. Ghai, APP for the State. Inspr. Ramesh Chandra Mr. Randeep Pundir and Ms. Beanty Singh, Advs. for R-2 with respondent No.2 in person (in both the petitions) JUDGMENT0410.2018 SANJEEV SACHDEVA, J.

(ORAL) CRL.M.C.2705 & 2711/2018 Page 1 of 4 CRL.M.C. 2705/2018 & CRL.M.C. 2711/2018 1.... Petitioner

s, in Crl. M.C. 2705/2018 seek quashing of FIR No.101 of 2009 under Sections 420/467/468/471/406/506/120-B/34 of the IPC registered at Police Station Chhawala, New Delhi and petitioners, in Crl. M.C. 2705/2018 seek quashing of FIR No.72 of 2009 under Sections 420/468/471/448/506/120-B of the IPC registered at Police Station Chhawala, New Delhi based on a settlement.

2. The allegations against the petitioners are that they had created forged and fabricated title documents in respect of the property measuring 250 Sq. yards in Khasra No.21/13, Village Qutub Pur, Colony Qutub Vihar. Allegations are that they were two sets of title documents; both emanating from Ram Niwas, petitioners were claiming total 150 Sq. yards from one chain of documents. Complainants Munsi Lal & Madhu who are respondent No.2 in the respective FIRs were claiming title from another set of documents. Both emanating from Ram Niwas.

3. Learned counsels for the parties submit that parties have settled their disputes and Compromise Deed/Memorandum of Understanding dated 07.02.2018 has been executed between the parties. It is noticed that the complainant in the meantime had further sold their rights in the properties to third party.... Petitioner

s and complainants as well as the said third party all have signed the MOU dated 07.02.2018. CRL.M.C.2705 & 2711/2018 Page 2 of 4 4. As per the MOU dated 07.02.2018, the petitioners were to be paid a total sum of Rs. 5 lakhs for giving up relinquishing/surrendering/disclaiming their rights, title or interest in the subject property in favour of the present owners. Said amount of Rs. 5 lakhs have already been paid to the petitioners.

5.... Petitioner

s are present in the court and they undertake that they have no rights, title or interest of any nature in the subject land. The undertakings are accepted.

6. Respondent No.2 in the respective petitions are present in person, represented by counsel and are identified by the Investigating Officer. They submit that they have settled the disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further.

7. In view of the fact that the parties have resolved their disputes and the complainants in both the FIRs do not wish to press their complaints, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

8. In view of the above, the petitions are allowed. FIR No.101 of 2009 under Sections 420/467/468/471/406/506/120-B/34 of the IPC CRL.M.C.2705 & 2711/2018 Page 3 of 4 registered at Police Station Chhawala, New Delhi and FIR No.72 of 2009 under Sections 420/468/471/448/506/120-B of the IPC registered at Police Station Chhawala, New Delhi and the consequent proceedings arising therefrom are, accordingly, quashed, subject to the petitioner-Vinod Kumar depositing consolidated costs of Rs.15,000/- for both these petitions with the “Chief Minister’s Distress Relief Fund (CMDRF), Kerala”, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

9. Order Dasti under the signatures of the Court Master. OCTOBER04 2018 ‘neelam’ SANJEEV SACHDEVA, J CRL.M.C.2705 & 2711/2018 Page 4 of 4

Same Court & Year Delhi · 2018 Same Parties Vinod Kumar & Ors. vs State & Anr. Same Subject Land Acquisition