Niranjan Jain & Anr. v. State & Anr.

Delhi High Court · 06 Apr 2021 · 2021:DHC:1192
Suresh Kumar Kait
Crl.M.C. 855/2021
2021:DHC:1192
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings under Section 482 CrPC following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
Translation output
Crl.M.C. 855/2021 HIGH COURT OF DELHI
Date of Decision: 06.04.2021
CRL.M.C. 855/2021 & Crl.M.A. 4253/2021
NIRANJAN JAIN & ANR. ..... Petitioners
Through: Mr. Dinesh Garg, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1/State with
Inspector J.S.Mishra Respondent No.2 in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(oral)

1. By this petition, petitioners are seeking quashing of FIR NO. 100/2017, registered at police station Shahdara, Delhi.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent No.1/State, accepts notice and submits that respondent No.2, who is the complainant of FIR in question, is present and he has been duly identified by the Investigating Officer of this case, 2021:DHC:1192 who is also present in the Court.

4. With the consent of both the sides, the present petition is taken up for final hearing and disposal.

5. Learned counsel for petitioners submits that parties are distantly related to each other but due to some misunderstanding, the FIR in question was registered and several civil disputes arose amongst the parties and third parties. However, with the intervention of well wishers and common relatives, the dispute between the parties has been resolved in terms of Memorandum of Understanding dated 21-12-2020 and parties have decided to put a quietus to all the disputes amicably.

6. Respondent No.2, who is the complainant of FIR in question, is present and he has affirmed the factum of settlement with petitioners in terms of Memorandum of Understanding dated 21-12-

2020. He also submits that he does not wish to prosecute the matter any further.

7. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising there-from.

8. For the reasons afore-noted, FIR No. 100/2017, registered at police station Shahdara, Delhi and consequent proceedings emanating therefrom are hereby quashed.

9. The petition is allowed and accordingly disposed of.

10. Pending application also stands disposed of.

JUDGE APRIL 06, 2021 r