RAM SINGH vs STATE (NCT OF DELHI) - 2024-02-06

O R D E R

Leave granted.

2. This appeal is directed against the order dated 14.8.2018 passed by the High Court of Delhi at New Delhi in Criminal M.C. No. 449/2016 whereby the High Court declined to quash the F.I.R. No.

433/2006 registered at P.S. Shakarpur.

3. Heard learned counsel appearing for the appellants and also learned counsel appearing for the respondents.

3. Essentially, the lis involved is a dispute between siblings over the roof rights of the building in question. Ultimately, the respondent no. 2 was constrained to register the afore-mentioned FIR against the appellants alleging commission of offences under Sections 420, 468, 471 read with Section 34 I.P.C.

4. The appellants filed the petition viz., Criminal M.C. No. 449/2016 seeking quashment of the FIR registered at Police Station Shakarpur, New Delhi and the chargesheet filed on 3.1.2011 on completion of the investigation thereon, and ultimately culminated in the impugned judgment.

5. In view of the submissions made on behalf of the respondent no.2, on instructions, we do not think it necessary to delve into the facts in detail. The learned counsel appearing for the respondent no.2 would submit that there is no objection for quashing the proceedings emanating from the subject FIR No. 433/2006 and the chargesheet filed thereon. In the light of the provisions under Section 320, CrPC and also the decision of this Court in Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303 and also taking note of the fact that the parties are siblings and wanted to put an end to the lis between them, we are of the view that it is only appropriate, in the interest of justice, to invoke the inherent powers to terminate all the proceedings emanating from FIR No. 433/2006.

6. In that view of the matter, the appeal is allowed, the impugned order is set aside, FIR No. 433/2006 and the chargesheet filed on 3.1.2011 and all further proceedings pursuant thereto are set aside and quashed.

7. We make it clear that the parties are bound to honor their respective rights flowing from the sale deed dated 14.5.2012

(Exhibit P-6).

.................J.

(C.T. RAVIKUMAR)

.................J.

(RAJESH BINDAL)

NEW DELHI;

FEBRUARY 06, 2024 ITEM NO.12 COURT NO.13 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 188/2019

(Arising out of impugned final judgment and order dated 14-08-2018 in CRLMC No. 449/2016 passed by the High Court Of Delhi At New Delhi)

RAM SINGH & ANR. Petitioner(s)

VERSUS STATE (NCT OF DELHI) & ANR. Respondent(s)

IA No. 107223/2022 - EARLY HEARING APPLICATION IA No. 179010/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 06-02-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Gaurav Agarwal, Sr. Adv.

Mr. Vivek Jain, AOR Mr. Tarun Goomber, Adv.

Mr. Pankaj Mendiratta, Adv.

Mr. Suryadev Kaushik, Adv.

Ms. Priya Goswami, Adv.

Mr. Siddhant Sahay, Adv.

For Respondent(s) Mrs. Aishwariya Bhati, A.S.G. (NP)

Mr. Mukesh Kumar Maroria, AOR Mr. Bhuvan Kapoor, Adv.

Mr. Purnendu Bajpai, Adv.

Mr. Rakesh Sharma, Adv. Ms. Shivika Mehra, Adv. Ms. Shagun Thakur, Adv.

Mr. O.P. Gaud, Adv.

Mr. Ritesh Solanki, Adv.

Mr. Saurabh Goswami, Adv.

Ms. Nitu, Adv.

Ms. Prerana Chaturvedi, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

Appeal is allowed in terms of the signed order, placed on the file.

Pending application(s), if any, stands disposed of.

(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)