Crl. M.A. No.16039/2015 (for exemption) Exemption allowed, subject to all just exceptions. Accordingly, the application is allowed.
CRL.M.C. No.4506/2015
1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.286/2014 registered at Police Station Nihal Vihar, New Delhi, for the offences punishable under Sections 420/468/471/34 IPC and the consequential proceedings emanating therefrom against him.
2. Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Manoj Kumar, qua the disputed plot bearing No.31, measuring 34"x30", situated within the area of Ram Nagar Colony in Village Kamruddin Nagar, Delhi-110041. The case is at the initial stage of investigation as chargesheet is not yet filed. Both the parties are known to each other being neighbours. Meanwhile, with the intervention of the respectable members of the locality, the respondent No.2 and the petitioner have amicably settled their disputes before Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide compromise deed dated 16.09.2015. As agreed, the plot in question shall be mutually divided between the parties by putting a wall in between at the cost of both the parties leaving each other plot of measuring 15"x34". Therefore, none would dispossess the other from any of the plot and both the parties will allow each other to raise construction over the divided plot on their own cost. Thus, to maintain peace and cordiality in the neighbourhood, the respondent No. 2 does not want to pursue this case further against the petitioner and has no objection if the present petition is allowed.