Pawan Singh @ Pawan & Ors. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 29 Jun 2020 · 2020:DHC:2174
Suresh Kumar Kait
CRL.M.C. 1536/2020
2020:DHC:2174
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties despite grievous injury, declining to impose costs considering petitioners' financial condition.

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CRL.M.C. 1536/2020.
HIGH COURT OF DELHI
Date of Decision: 29.06.2020
CRL.M.C. 1536/2020 (URGENT)
PAWAN SINGH @ PAWAN & ORS. ..... Petitioners
Through Mr. Sanjay Kumar, Adv. with petitioners through VC.
VERSUS
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State Respondent no.2 is present through
VC.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
CRL. M.A. 8316/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 1536/2020

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 435/19 dated 10.10.2019, registered at Police Station Ashok Vihar and all other proceedings arising therefrom.

4. Notice issued. 2020:DHC:2174

5. Notice is accepted by learned APP for State and by respondent no.2 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 through video conferencing and has been identified by counsel for petitioner and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. Petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 22.06.2020.

9. Learned APP has opposed the present petition by submitting that injury received by the injured is grievous in nature, however, if this Court is inclined to quash the FIR, cost may be imposed upon the petitioners.

10. I found force in the submission of learned APP, however, keeping in view the financial condition of the petitioners, I am not inclined to impose cost.

11. Since the matter has been amicably settled between the parties and complainant/respondent no.2 is no more interested to purse the present FIR, no useful purpose would be served in prosecuting petitioners any further.

12. For the reasons afore-recorded, FIR No. 435/19 dated 10.10.2019, registered at Police Station Ashok Vihar and consequent proceedings emanating therefrom are quashed.

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

14. Copy of this order be transmitted to the Trial Court for information.

15. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.

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JUDGE JUNE 29, 2020 ms