Ganesh & Ors. v. State & Anr.

Delhi High Court · 12 Feb 2020 · 2020:DHC:1013
Suresh Kumar Kait
CRL.M.C.750/2020
2020:DHC:1013
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.

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CRL.M.C.750/2020
HIGH COURT OF DELHI
Date of Decision: 12.02.2020
CRL.M.C. 750/2020
GANESH & ORS. ..... Petitioners
Through Mr.Amit Kumar, Adv. with Mr.Ranjeet Singh, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI S.K. Chandola PS Badarpur.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 3078/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 750/2020 & Crl.M.A. 3079/2020

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.452/2016 dated 24.05.2016, registered at PS – Govindpuri and all other proceedings emanating therefrom. 2020:DHC:1013

4. Notice issued.

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

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

7. 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.

8. Complainant/Respondent no.2 is personally present in Court with her learned counsel and she has been identified by SI S.K. Chandola/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. Petitioners and respondent no.2 have entered into an amicable settlement vide Memorandum of Understanding dated 25.10.2019.

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

11. For the reasons afore-recorded, FIR No.452/2016 dated 24.05.2016, registered at PS – Govindpuri and consequent proceedings emanating therefrom are quashed.

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

13. Pending application stands disposed of.

14. Order dasti.

JUDGE FEBRUARY 12, 2020 ab