Mohit Thareja & Anr. v. State & Anr.

Delhi High Court · 31 Jan 2020 · 2020:DHC:709
Suresh Kumar Kait
CRL.M.C. 538/2020
2020:DHC:709
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties and the complainant's consent to discontinue prosecution.

Full Text
Translation output
CRL.M.C. 538/2020
HIGH COURT OF DELHI
Date of Decision: 31.01.2020
CRL.M.C. 538/2020
MOHIT THAREJA & ANR. ..... Petitioners
Through Mr.Osama Suhail, Adv. with Ms.Shefali Gupta, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State.
SI S.K. Jha PS Sarai Rohilla.
Ms.Meenakshi Rawat, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 546/2016 dated 13.08.2016, registered at Police Station – Sarai Rohilla and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the respondent no.2. 2020:DHC:709

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

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

7. The petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed/Memorandum of Understanding dated 21.01.2020.

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

9. 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.

10. For the reasons afore-recorded, the FIR No. 546/2016 dated 13.08.2016, registered at Police Station – Sarai Rohilla and consequent proceedings therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti.

JUDGE JANUARY 31, 2020 ab