KLJ Developers Private Limited v. State (Govt of NCT of Delhi & Anr.)

Delhi High Court · 04 Nov 2020 · 2020:DHC:3158
Suresh Kumar Kait
CRL.M.C.1603/2020
2020:DHC:3158
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR following an amicable settlement between parties, imposing costs on the petitioner to compensate for public resources expended.

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CRL.M.C.1603/2020
HIGH COURT OF DELHI
Date of Decision: 4th November, 2020
CRL.M.C. 1603/2020 & Crl.M.A.9980/2020
KLJ DEVELOPERS PRIVATE LIMITED ..... Petitioner
Through Mr. Vikas Sharma, Adv. with Mr.Mukul Aggarwal, DGM (Legal)
VERSUS
STATE (GOVT OF NCT OF DELHI & ANR. .... Respondents
Through Mr. Izhar Ahmed, APP for the State with SI Naresh, PS Moti Nagar, Delhi
Ms. Ritu Chaudhary, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.433/2020 dated 04.06.2020, registered at PS – Moti Nagar, New Delhi and all other proceedings arising therefrom. 2020:DHC:3158

2. Learned counsel for the petitioner submits that the petitioner and respondent No.2 have entered into a settlement, therefore, the respondent No.2 is no more interested in further proceeding the matter.

3. Respondent No.2 is personally present in Court with learned counsel and he been identified by SI Naresh/IO and submits that matter has been settled and he has received the amount as per the settlement. Respondent No.2 further submits that he does not wish to prosecute the matter any further.

4. Learned APP has opposed the present petition and submits that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioner.

5. Learned counsel for petitioner, on instructions from petitioner, has come forward and agreed to contribute an amount of Rs.2,00,000/- for welfare purposes. Accordingly, petitioner is directed to pay this amount in the following manner:- (a) Rs.1,00,000/- in favour of Bharat Ke Veer. (b) Rs.50,000/- in favour of Delhi Police Martyrs Fund.

(c) Rs.50,000/- in favour of High Court of Delhi Middle Income

6. Petitioner is directed to pay the aforesaid amounts within two weeks and receipt of the same shall be furnished to IO/SHO concerned.

7. 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.

8. For the reasons afore-recorded, FIR No.433/2020 dated 04.06.2020, registered at PS – Moti Nagar, New Delhi and consequent proceedings emanating therefrom are quashed.

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

10. Pending application is also disposed of.

11. The order be uploaded on the website forthwith.

JUDGE NOVEMBER 04, 2020