CRL.M.C.No.1024/2010 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.No.1024/2010 % Date of Decision: 02.06.2010 Sh.Shiv Shankar Murada …. Petitioner Through Mr.Nitin and Ms.Kum Kum, Advocates along with petitioner in person. Versus State & Another …. Respondents Through Mr.R.N.Vats, APP for the State along with SI Devinder Singh. Mr.J.P.Tiwari, Advocate for the respondent No.2 along with respondent No.2 in person. CORAM: HON’BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? YES 2. To be referred to the reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO ANIL KUMAR, J. * This is a petition seeking quashing of FIR No.115/2005 under Sections 448/380/427 of IPC, Police Station Rajinder Nagar and the proceedings emanating out of the said FIR. The dispute arose on account of the demolition of the premises of Dr.H.J.Chibbar in the market at 56, Old Rajinder Nagar, Delhi in the night of 20th/25th July, 2005 and damage caused to the medical equipment and furniture etc of the respondent No.2. An FIR was registered against the petitioner on account of this. CRL.M.C.No.1024/2010 Page 2 of 3 Later on a settlement has been arrived at between the respondent No.2 who was a tenant with the petitioner Sh.Shiv Shankar Murada who was a landlord and under the settlement the parties agreed that the respondent No.2 Dr.H.J.Chibbar shall surrender her tenancy rights in respect of the property which was demolished, to the petitioner and the petitioner shall pay a sum of Rs.2 lakhs in respect of all the damages caused to her and the amounts of compensation which the respondent No.2 would have been entitled from the petitioner. The settlement was reduced into writing and is dated 31st May, 2007 a copy of which is also produced along with the petition. The parties are present and they admit that the settlement has been arrived at between them on their own free will. Under the settlement out of Rs.2 lakhs an amount of Rs.50,000/- was paid earlier and the balance amount of Rs.1,50,000/- has been paid today by a bank draft No.481250 dated 24th May, 2010 drawn on Indian Overseas Bank, New Delhi in favour of Dr.H.J.Chibbar which is given by the learned counsel for the petitioner in the presence of petitioner to the respondent No.2 which is accepted by respondent No.2. Respondent No.2 Dr.H.J.Chibbar is identified by her counsel, Mr.J.P.Tiwari. In view of the settlement arrived at between the parties in respect of the dispute pertaining to property, the tenancy rights of respondent No.2 has been surrendered by the respondent no.2 and no other CRL.M.C.No.1024/2010 Page 3 of 3 disputes survive. Therefore, no useful purpose shall be served in continuing with the criminal proceedings against the petitioner. The learned counsel for the respondent No.2 also states that now respondent No.2 is running her clinic from property No.55, Old Rajinder Nagar, New Delhi which according to respondent No.2 has also been purchased by the petitioner. The learned counsel for the petitioner, however, on instructions states that the petitioner does not have any rights in property No.55 nor has acquired any rights in said property. In the totality of facts and circumstances, the FIR No.115/2005 under Sections 448/380/427 I.P.C, P.S.Rajinder Nagar and all the proceedings emanating out of the aforesaid FIR are, therefore, quashed. The petition is disposed in terms hereof. June 02, 2010 ANIL KUMAR, J. ‘k’