- (1.) Crl. M.A. No.16008/2015 (for delay) Vide the instant application, condonation of delay in re-filing of instant petition has been prayed. In view of the averments made in the application, the delay in refiling the instant petition is condoned. Accordingly, the application is allowed. CRL.M.C. No.4492/2015 Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.120/2009 registered at Police Station Subzi Mandi, Delhi for the offences punishable under Sections 468/471 of the 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, Ashok Kumar Gupta due to some property dispute ensued between them. The police has filed the charge sheet against petitioner and after framing of charges, matter is pending for trial. Meanwhile, the respondent No.2 and the petitioner have amicably settled their disputes before Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement/agreement dated 24.08.2015, for a total sum of Rs.25,000/-. As per the said settlement, the payment of said amount has already been made to respondent No.2, which facts have not been disputed by the respondent No.2.
(3.) Respondent No.2 is personally present in the Court through learned counsel above named, and has been duly identified by the Investigating Officer of the case. Learned counsel for respondent No.2, under instructions, does not dispute as to what is stated by learned counsel for petitioner and submits that matter has been settled before the Mediation Centre, noted above on 24.08.2015 and on receipt of agreed payment, respondent No.2 does not have any objection, if the present petition is allowed.;