Sanjeev Srivastava and Anr. v. State of NCT of Delhi & Ors.

Delhi High Court · 15 Feb 2021 · 2021:DHC:525
Suresh Kumar Kait
CRL.M.C.446/2021
2021:DHC:525
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties and the complainant's consent, exercising its inherent powers under Section 482 CrPC.

Full Text
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CRL.M.C.446/2021
HIGH COURT OF DELHI
Date of Decision: 15.02.2021
CRL.M.C.446/2021
SANJEEV SRIVASTAVA AND ANR. ..... Petitioners
Through Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Keshav Mohan, Mr. Rishi K.
Awasthi, Mr. Piyush Vatsa, Ms. Ritu Arora and Mr. Prashant Kumar, Advs.
VERSUS
STATE OF NCT OF DELHI AT DELHI & OTHERS ..... Respondents
Through Mr. Panna Lal Sharma, APP for State.
With SI Vishvendra Singh, PS Mayur Vihar 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.2376/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. CRL.M.C.446/2021 & Crl.M.A.2375/2021 (stay)

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 0208/2019, registered at PS – Mayur Vihar Phase-I, 2021:DHC:525 Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 present in Court 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. Respondent no.2 is personally present in Court and she has been identified by SI Vishvendra Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide Settlement Agreement dated 08.02.2021.

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. 0208/2019, registered at PS – Mayur Vihar Phase-I, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Pending application also stands disposed of.

13. The order be uploaded on the website forthwith.

JUDGE FEBRUARY 15, 2021