Atul Gupta & Ors. v. The State & Anr.

Delhi High Court · 27 Feb 2020 · 2020:DHC:1391
Suresh Kumar Kait
CRL.M.C.1112/2020
2020:DHC:1391
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and the complainant's consent not to prosecute further.

Full Text
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CRL.M.C.1112/2020
HIGH COURT OF DELHI
Date of Decision: 27.02.2020
CRL.M.C. 1112/2020
ATUL GUPTA & ORS ..... Petitioners
Through Md.Zahid, Adv. with Mr.Anil Kumar, Adv. with petitioners in person.
VERSUS
THE STATE & ANR .... Respondents
Through Mr. Hirein Sharma, APP for State.
SI Urmila PS Tilak Marg.
Mr.Firoz Ahmad, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 4372/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. Crl.M.A. 4371/2020

3. In view of the reasons stated in the application, delay of 31 days in refiling the petition is condoned.

4. The application is, accordingly, allowed and disposed of. 2020:DHC:1391 CRL.M.C. 1112/2020

5. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.146/2014 dated 15.04.2014, registered at PS – I.P. Estate and all other proceedings arising therefrom.

6. Notice issued.

7. 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.

8. 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.

9. Petitioner and respondent no.2 have entered into an amicable settlement before Counselling Cell, Family Court, Patiala House New Delhi vide settlement deed dated 03.06.2019.

10. Complainant/Respondent No.2 is personally present in Court and she has been identified by SI Urmaila/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

11. 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.

12. For the reasons afore-recorded, FIR No.146/2014 dated 15.04.2014, registered at PS – I.P. Estate and consequent proceedings emanating therefrom are quashed.

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

14. Order dasti.

JUDGE FEBRUARY 27, 2020 ab