Jitendra Prasad & Ors. v. State & Anr.

Delhi High Court · 05 Feb 2020 · 2020:DHC:826
Suresh Kumar Kait
CRL.M.C. 274/2020
2020:DHC:826
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 withdraw prosecution.

Full Text
Translation output
CRL.M.C.274 /2020
HIGH COURT OF DELHI
Date of Decision: 05.02.2020
CRL.M.C. 274/2020
JITENDRA PRASAD & ORS. ..... Petitioners
Through Mr.D.K. Yati, Adv. with Mr.Sahib Malhotra, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Panna Lal Sharma, APP for State.
SI Kalam Singh & ASI Satyawan, PS: Sagarpur.
R-2, present in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 1164/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. Crl.M.A. 1165/2020

3. In view of the reasons stated in the present application, the delay of 57 days in re-filing the petition is condoned.

4. The application is, accordingly, allowed and disposed of. 2020:DHC:826 CRL.M.C.274/2020 & Crl.M.A. 1163/2020

5. Vide the present petition, the petitioners seek direction thereby quashing FIR No.680/2015 dated 02.09.2015, registered at Police Station – Sagarpur and all other proceedings emanating therefrom.

6. Notice issued.

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

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

9. 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.

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

11. The petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 17.09.2019.

12. Learned counsel for the petitioners prays that the present petition may be allowed.

13. 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.

14. For the reasons afore-recorded, the FIR No.680/2015 dated 02.09.2015, registered at Police Station–Sagarpur and consequent proceedings therefrom are quashed.

15. The petition is allowed and disposed of accordingly.

1,800 characters total

16. Pending application stands disposed of.

17. Order dasti.

JUDGE FEBRUARY 05, 2020 ab