Rahul Kumar & Ors. v. State (Govt of NCT of Delhi) & Anr.

Delhi High Court · 19 Feb 2021 · 2021:DHC:617
Suresh Kumar Kait
CRL.M.C. 535/2021
2021:DHC:617
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on a settlement reached through mediation and the complainant's consent to discontinue prosecution.

Full Text
Translation output
CRL.M.C.535/2021
HIGH COURT OF DELHI
Date of Decision: 19.02.2021
CRL.M.C. 535/2021
RAHUL KUMAR & ORS. ..... Petitioners
Through Mr. Vinod Wadhwa, Advocate along with petitioners in person.
VERSUS
STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for the State along with SI Ram Niwas.
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.2687/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 535/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.860/2015, dated 19.06.2015 registered at PS – Binda Pur, District South West, New Delhi, New Delhi and all other proceedings 2021:DHC:617 arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 in person 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 in terms of order dated 21.08.2019 through Mediation Centre, Dwarka Courts, New Delhi and in terms thereof, the petitioners have today paid the balance sum of Rs.70,000/- to respondent No.2/ complainant by way of demand draft.

7. Respondent No. 2 is present through video conferencing and she has been identified as the complainant of FIR in question by SI Ram Niwas /IO. She affirms that the settlement dated 21.09.2019 has been fully acted upon and she does not wish to prosecute the matter any further.

8. 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.

9. For the reasons afore-recorded FIR No.860/2015, dated 19.06.2015 registered at PS – Binda Pur, District South West, New Delhi, New Delhi and consequent proceedings emanating therefrom are quashed.

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

JUDGE FEBRUARY 19, 2021 A