Shri Vijender @ Hari Om & Ors. v. State & Anr.

Delhi High Court · 27 Jan 2020 · 2020:DHC:538
Suresh Kumar Kait
CRL.M.C. 419/2020
2020:DHC:538
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIR No. 274/2018 and all proceedings based on an amicable settlement between parties, directing payment of compensation to the complainant.

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CRL.M.C. 419/2020
HIGH COURT OF DELHI
Date of Decision: 27.01.2020
CRL.M.C. 419/2020
SHRI VIJENDER @ HARI OM & ORS. ..... Petitioners
Through Mr.Mahmood Hasan, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Amit Chadha, APP for State.
ASI Om Prakash PS Tamur Pur.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 274/2018 dated 03.12.2018, registered at Police Station –Timarpur, and all other proceedings emanating therefrom.

2. Notice issued.

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

4. With the consent of the counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:538

5. 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.

6. Respondent No.2 is personally present in Court and has been identified by ASI Om Prakash/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

7. The petitioner and respondent no.2 have entered into an amicable settlement vide compromise deed dated 19.12.2019.

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

9. Learned APP has opposed the present petition and submits that the complainant/respondent no.2 was illegally encroached upon by the petitioner and she got an amount of Rs.12,50,000/- if this court is inclined to quash the present FIR, heavy cost may be imposed upon the petitioners.

10. Learned counsel appearing on behalf of the petitioner, on instructions, from the petitioners who are present in court submits that petitioner nos.1, 3, 4, 5 & 6 are ready to pay an amount of Rs.50,000/- each in addition to the payment already made to respondent no.2.

11. Accordingly, petitioners mentioned above shall pay an amount of Rs.50,000/- each in favour of respondent no.2/complainant in the form of DD within four weeks from today and receipt of the same shall be furnished to the IO/SHO concerned.

12. 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.

13. For the reasons afore-recorded, the FIR No. 274/2018 dated 03.12.2018, registered at Police Station–Timarpur, and consequent proceedings therefrom are quashed.

14. The petition is allowed and disposed of accordingly.

15. Order dasti.

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JUDGE JANUARY 27, 2020 ab