Parkash @ Chander Prakash v. State & Anr.

Delhi High Court · 26 Feb 2020 · 2020:DHC:1353
Suresh Kumar Kait
CRL.M.C.1064/2020
2020:DHC:1353
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings arising therefrom based on an amicable settlement between the parties and the complainant's refusal to prosecute.

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CRL.M.C.1064/2020
HIGH COURT OF DELHI
Date of Decision: 26.02.2020
CRL.M.C. 1064/2020
PARKASH @ CHANDER PRAKASH ..... Petitioner
Through Mr.Sunil Tiwari, Adv.
VERSUS
STATE & ANR. .... Respondents
Through Mr.Panna Lal Sharma, APP for State with SI Manoj Kumar, PS Patel
Nagar, Delhi Mr.Amit Kumar Sharma, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 4236/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.A.4237/2020 (for condonation of delay)

3. In view of reasons stated in present application, delay of 43 days in re-filing petition is condoned.

4. Application is, accordingly, allowed and disposed of. 2020:DHC:1353

5. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 147/2016 dated 9.2.2016, registered at PS Patel Nagar, Delhi 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. Respondent No. 2 is personally present in Court with her learned counsel and she has been identified by SI Manoj Kumar (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. Petitioner and respondent No. 2 have entered into an amicable settlement vide Settlement Deed dated 6.1.2020.

11. 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.

12. For the reasons afore-recorded, FIR No. 147/2016 dated 9.2.2016, registered at PS Patel Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

14. Order dasti.

JUDGE FEBRUARY 26, 2020