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2004 Supreme(Del) 1103
High Court Of Delhi
VEENA GAUR - Appellant
Versus
NEETA ANAND - Respondent
W.P.(CRI.) 1225 of 2004
Decided On : 11/29/2004
Amit Ahlawat, MUKTA GUPTA
The court has the discretion to quash criminal proceedings if disputes are amicably resolved and it is in the interest of the parties and the State to end the litigation.
Headnote:
Quashing - Property Dispute - The court quashed the FIR registered under various sections of the Indian Penal Code as the disputes between the parties regarding the sale of property were amicably resolved, and it was in the interest of the parties and the State to end the litigation.
Fact of the Case:
Disputes between the parties were in regard to the sale of property at pahari Dhiraj. The respondent/complainant did not want to pursue the criminal proceedings against the petitioners as all disputes were amicably resolved.
Finding of the Court:
The court found that since the disputes were amicably resolved, it would be in the interest of the parties and the State to end the litigation, leading to the quashing of the FIR.
Issues: Disputes regarding the sale of property, allegations under Section 468 and 471 I. P. C., and the willingness of the complainant to pursue criminal proceedings.
Ratio Decidendi: The amicable resolution of disputes and the interest of the parties and the State in ending the litigation influenced the court's decision to quash the FIR.
Final Decision: The F. I. R. No. 189/2004 registered at Police Station Bara Hindu Rao was quashed, and the petition was disposed of.
( 2 ) IT is submitted that disputes between the parties were in regard to sale of property at pahari Dhiraj. It is submitted that all disputes between the parties have been amicably resolved and as such the respondent No. 1/ complainant does not want to pursue the criminal proceedings against the petitioners. It is admitted that allegations under Section 468 and 471 I. P. C. are not at all made out as there was no forgery and two Sale Deeds were executed in respect of the same property in favour of two persons.
( 3 ) CONSIDERING the submissions made by learned counsel for the parties and facts and circumstances of the case, this Court is of the considered view that since disputes have been amicably resolved, it would be in the interest of the parties as well as State that the litigation between the parties comes to an end.
( 4 ) ACCORDINGLY, the F. I. R. No. 189/2004 registered at Police Station Bara Hindu Rao stands quashed.
( 5 ) THE petition stands disposed of. Copy dasti to the parties.
