Ashwani @ Baby & Ors. v. State & Ors.

Delhi High Court · 11 Mar 2020 · 2020:DHC:1627
Suresh Kumar Kait
CRL.M.C.1371/2020
2020:DHC:1627
criminal petition_allowed

AI Summary

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

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CRL.M.C.1371/2020
HIGH COURT OF DELHI
Date of Decision: 11.03.2020
CRL.M.C. 1371/2020
ASHWANI @ BABY & ORS. .... Petitioners
Through Mr.Rakesh Nautiyal, Adv. with petitioners in person
VERSUS
STATE & ORS .... Respondents
Through Mr. Amit Chadha, APP for State with SI Ved Prakash, PS SB Dairy, Delhi
Respondent Nos.2 to 8 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 5284-85/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of. CRL.M.C. 1371/2020

3. Vide the present petition, petitioners seek direction for quashing of FIR No. 145/2017 dated 14.03.2017 registered at Police Station Shahbad Dairy, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent Nos.[2] to 8, who are present in Court and with the consent of counsel for parties, present petition is taken up for final disposal. 2020:DHC:1627 CRL.M.C.1371/2020

6. The present petition is filed on the ground that parties have settled their disputes and respondent Nos.[2] to 8 have no objection if the present petition is allowed.

7. Respondent Nos.[2] to 8 are personally present in Court and they have been identified by SI Ved Prakash (IO) and submit that matter has been settled and they do not wish to prosecute the matter any further.

8. Petitioner and respondent Nos.[2] to 8 have entered into an amicable settlement vide a Memorandum of Understanding dated 17.2.2020.

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. 145/2017 dated 14.03.2017 registered at Police Station Shahbad Dairy, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Order dasti.

JUDGE MARCH 11, 2020