DINESH KKUMAR v. STATE OF NCT OF DELHI

Delhi High Court · 21 Oct 2020 · 2020:DHC:3086
SURESH KUMAR KAIT
CRL.M.C.2048/2020
2020:DHC:3086
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 308 IPC following an amicable settlement between the parties and the victim's refusal to prosecute further.

Full Text
Translation output
CRL.M.C.2048/2020
HIGH COURT OF DELHI
Date of Decision: 21st October, 2020
CRL.M.C. 2048/2020
DINESH KKUMAR ..... Petitioner
Through Mr. Devender Kumar, Adv. with petitioner in person
VERSUS
STATE OF NCT OF DELHI ..... Respondent
Through Mr. Panna Lal Sharma, APP for State with SI Naveen Kumar, PS Kalkaji, Delhi
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A.14632/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No.232/2020 dated 12.05.2020, registered at PS – Kalkaji, for the offence punishable under Section 308 IPC and all other proceedings arising therefrom. 2020:DHC:3086

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent No.2 in person and with the consent of learned 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 he has been identified by SI Naveen Kumar/IO and submits that petitioner is his brother. He further submits that the matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioner and respondent No.2 have entered into an amicable settlement and settled all their disputes.

9. 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.

10. For the reasons afore-recorded, FIR No.232/2020 dated 12.05.2020, registered at PS – Kalkaji, for the offence punishable under Section 308 IPC and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J OCTOBER 21, 2020