Amicable settlement and lack of desire to pursue the complaint can lead to the quashing of FIR and related proceedings.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 15086/2023 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4002/2023

1. The present petition has been filed for quashing of the FIR No. 119/2018 registered at P.S. EOW, New Delhi, under Sections 420/467/468/471/120-B of IPC.

2. The FIR was lodged on the statement of Sh. Arun Kumar Bhalotia alleging therein that the petitioners grabbed the land owned by the Respondent/complainant by creating forged documents and procuring the conveyance deed from the office of DDA on the basis of these forged documents in the name of Gopal Kumar Bhalotia, and his associates signed the document as witnesses.

3. Learned senior counsel for the petitioner submits that a civil suit bearing CS (OS) 384/2017 was also filed and the civil suit was referred for arbitration vide order dated 01.01.2018. During the pendency of the said proceedings, the Respondent No. 2 filed a criminal complaint against the Petitioner Nos. 1-3 and the Respondent NO.3 on the ground that they were guilty of creating forged document. On the basis of the complaint filed by the Respondent NO.2 against the Petitioner No.1 and other persons, an FIR bearing No. 119/2018 dated 25.05.2018 was registered under Section 420/467/468/471/120B of IPC, at P.S. EOW, New Delhi.

4. During the arbitral proceedings, the parties reached on a settlement and entered into settlement agreement/award dated 13.04.2023 on the following terms and conditions:

1. The parties hereto agree that both the parties upon execution of the present Settlement Deed shall jointly file a compromise application supported with present settlement deed in the pending arbitration proceedings before the Hon'ble Arbitrator Shri B.B. Chaudhary requesting the Hon'ble Arbitrator to pass an Award in the said proceedings in terms of the present settlement deed executed between the parties.

2. That the Second Party has hereby agreed to give a right and share to the extent of 65% to the First Party in the property being Plot No. 10, Ad-measuring 334 sq. mtrs. Sector 12-B, Dwarka, New Delhi (as described in Schedule D of the Partition Deed) owned and recorded in the name of Second Party. The parties shall together find a willing purchaser/buyer for the said property and fully cooperate with each other to sell the same to the purchaser/buyer for the highest sale consideration at the earliest the entire sale proceeds/consideration in lieu of sale of said property shall be divided/shared between the First Party and the Second Party in the ratio of 65% and 35 % respectively i.e. 65% (Sixty-five percent) will go to the First Party and 35% (ThirtyFive percent) will go to the Second Party. In recognition and in lieu of said agreed right/share of 65% of the First Party herein in the said property, the Second Party herein shall necessarily and mandatorily obtain the signatures of the First Party herein namely Sh. Arun Kumar Bhalotia and his wife namely Smt. Sunita Arun Bhalotia, as a confirming party on all the documents pertaining to the sale of the said property incll1ding but not limited to the Agreement to Sell Receipts/Bayana or Token Receipts/Payment Receipts/Sale Deed/any document for transfer bf title therein/Possession Letter/Affidavit/Will/Power of Attorney/Assignment Deed etc. Any document pertaining to sale of the said property executed by the Second Party herein without making the First Party herein and his Wife Smt. Sunita Arun Bhalotia as confirming parties and without obtaining their signatures as confirming parties shall be null, void, inconsequential in law and shall transfer no right, title, or interest in favour of any person/purchaser/transferee.

3. That it is further agreed between the parties that the First Party shall remit a sum of Rs.25,00,000/- (Rupees Twenty Five Lac) to the Second Party herein from his share of 65% in the sale consideration/sale proceeds, if the said property is sold above a sum agreed between the parties. If the said property