Vinod Mishra & Anr. v. The State & Anr.

Delhi High Court · 04 Jun 2021 · 2021:DHC:1829
Suresh Kumar Kait
CRL.M.C.1418/2021
2021:DHC:1829
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties, exercising its inherent jurisdiction under Section 482 CrPC.

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CRL.M.C.1418/2021
HIGH COURT OF DELHI
Date of Decision: 04.06.2021
CRL.M.C. 1418/2021
VINOD MISHRA & ANR. ..... Petitioners
Through Mr. U.M. Tripathi, Adv.
VERSUS
THE STATE & ANR. ..... Respondent
Through Mr. Panna Lal Sharma, APP for State with SI Prateek Saxena
Mr. Vijendra Rawat, AR (Director) of R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
CRL. M.A. 9012/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.566/2020, registered at PS – Okhla Industrial Area, Delhi and all other proceedings arising therefrom.

4. Notice issued. 2021:DHC:1829

5. Notice is accepted by learned APP for State and by AR of respondent no.2 who appeared in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. The present petition is filed on the ground that parties have settled their disputes and respondent no.2 has no objection if the present petition is allowed.

7. AR of respondent no.2 is personally present in Court through video conferencing and he has been identified by IO SI Prateek Saxena and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide a Memorandum of Settlement dated 28.05.2021.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.566/2020, registered at PS – Okhla Industrial Area, Delhi and consequent proceedings emanating therefrom are quashed.

11. In view of the aforesaid settlement arrived at between the parties, the Trial Court is directed to release the amount of Rs.18 lacs with interest accrued thereon, if any, in favour of respondent no.2 which was deposited by the petitioner no.1.

12. The petition is, accordingly, allowed and disposed of.

JUDGE JUNE 04, 2021 rk