DHARAMPAL GIRI v. STATE & ANR.

Delhi High Court · 03 Mar 2020 · 2020:DHC:1499
SURESH KUMAR KAIT
CRL.M.C.175/2020
2020:DHC:1499
criminal petition_allowed

AI Summary

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

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CRL.M.C.175/2020
HIGH COURT OF DELHI
Date of Decision: 03.03.2020
CRL.M.C. 175/2020
DHARAMPAL GIRI ..... Petitioner
Through Mr.M.N.Khan, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State with SI Sonu, PS Seemapuri, Delhi
Mr.Matlook Alam, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. No.87/2008 dated 6.3.2008, registered at Police Station Seemapuri, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent No. 2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

4. The present petition is filed on the ground that parties have settled 2020:DHC:1499 their disputes and respondent No. 2 has no objection if the present petition is allowed.

5. Respondent No. 2 is personally present in Court with his learned counsel and he has been identified by SI Sonu (IO) and submits that matter has been settled and he does not wish to prosecute the matter any further.

6. Petitioner and respondent No. 2 have entered into an amicable settlement vide a Memorandum of Settlement cum Compromise Deed executed on 8.1.2020.

7. The total settlement amount is ₹2,50,000/-(Rupees Two Lakhs Fifty Thousand only). It is submitted that respondent No. 2 has already received an amount of ₹ 1,00,000/- (Rupees One Lakh only). A demand draft bearing No.502936 dated 12.02.2020 for the balance amount of ₹1,50,000/- (Rupees One Lakh Fifty Thousand only) is handed over to the respondent No. 2 today in the Court.

8. 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.

9. For the reasons afore-recorded, FIR No. No.87/2008 dated 6.3.2008, registered at Police Station Seemapuri, Delhi and consequent proceedings emanating therefrom are quashed.

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

11. Order dasti.

JUDGE MARCH 03, 2020