Sanjay Gupta v. State & Ors.

Delhi High Court · 27 Nov 2020 · 2020:DHC:3408
Suresh Kumar Kait
CRL.M.C. 2336/2020
2020:DHC:3408
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings following an amicable settlement between parties and directed payment of additional compensation to the victim's family.

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CRL.M.C.2336/2020
HIGH COURT OF DELHI
Date of Decision: 27th November, 2020
CRL.M.C. 2336/2020
SANJAY GUPTA ..... Petitioner
Through Mr. Sandeep Kumar, Mr. Jitender Gupta, Advocates with petitioner through VC.
VERSUS
STATE & ORS. ..... Respondents
Through Mr. Izhar Ahmed, APP for State with SI Maha Singh, PS Industrial Area, Narela
Mr. Jitender Gupta, Advocate for R-2 to 5 with R-2 to 5 through VC.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 16437/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 2336/2020

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.497/2020 dated 21.09.2020, registered at PS – Narela Industrial Area, Delhi and all other proceedings arising therefrom. 2020:DHC:3408

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent Nos.[2] to 5 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 Nos.[2] to 5 have no objection if the present petition is allowed.

7. Respondent Nos.[2] to 5 are present through video conferencing with learned counsel and they have been identified by SI Maha Singh/IO and submit that matter has been settled and they does not wish to prosecute the matter any further.

8. Petitioner and respondent Nos.[2] to 5 have entered into an amicable settlement vide Compromise Deed dated 23.11.2020.

9. The Ld. APP has, in support of this petition stated that the amount of compensation of Rs. 4,50,000 which is being paid to the family of the victim is very less. Therefore, if this Court is inclined to quash the FIR, the said amount may be increased.

10. At this stage, counsel for the petitioner has come forward on instruction and submitted that in addition to the amount already paid, the petitioner shall pay an amount of Rs. 5,50,000/- by D.D in favour of the respondent No.2, widow of the deceased.

11. Petitioner is directed to pay this amount within four weeks and receipt of the same shall be furnished to IO concerned.

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

13. For the reasons afore-recorded, FIR No.497/2020 dated 21.09.2020, registered at PS – Narela Industrial Area, Delhi and consequent proceedings emanating therefrom are quashed.

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

15. The order be uploaded on the website forthwith.

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SURESH KUMAR KAIT, J NOVEMBER 27, 2020