Mohd. Shamsher & Anr. v. The State of NCT of Delhi & Anr.

Delhi High Court · 07 Feb 2020 · 2020:DHC:899
Suresh Kumar Kait
CRL.M.C. 686/2020
2020:DHC:899
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 to discontinue prosecution.

Full Text
Translation output
CRL.M.C. 686/2020
HIGH COURT OF DELHI
Date of Decision: 07.02.2020
CRL.M.C. 686/2020
MOHD. SHAMSHER & ANR. ..... Petitioners
Through Md.Rais Farooqui, Adv.
VERSUS
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Ganga Pal SI Vinod PS Bara Hindu Rao.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 2837/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C.686/2020

3. Vide the present petition, the petitioners seek direction thereby quashing FIR No.98/2017 dated 15.09.2017, registered at Police Station – Bara Hindu Rao and all other proceedings emanating therefrom. 2020:DHC:899

4. Notice issued.

5. Notice is accepted by learned APP for the State and respondent no.2.

6. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

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

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

9. The petitioners and respondent no.2 have entered into an amicable settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 16.12.2019.

10. Learned counsel for the petitioner prays that the present petition may be allowed.

11. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioners any further.

12. For the reasons afore-recorded, the FIR No.98/2017 dated 15.09.2017, registered at Police Station – Bara Hindu Rao and consequent proceedings therefrom are quashed.

13. The petition is allowed and disposed of accordingly.

14. Order dasti.

JUDGE FEBRUARY 07, 2020 ab