Anil Gera v. State & Anr.

Delhi High Court · 20 Jan 2020 · 2020:DHC:347
Suresh Kumar Kait
CRL.M.C. 266/2020
2020:DHC:347
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 no objection to prosecution.

Full Text
Translation output
CRL.M.C. 266/2020
HIGH COURT OF DELHI
Date of Decision: 20.01.2020
CRL.M.C. 266/2020
ANIL GERA ..... Petitioner
Through: Mr. Sanjay Padam Jain, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Hirein Sharma, APP for State with SI Vishambhari, PS – Subhash
Palace, ASI Netar Singh R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 1138/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 536/2015 dated 21.06.2015 registered at Police Station – Saraswati Vihar and all other proceedings emanating therefrom.

4. Notice issued. 2020:DHC:347

5. Notice is accepted by learned APP for the State. Respondent No. 2 is present in person.

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

9. The petitioner and respondent no.2 have entered into an amicable settlement vide memorandum of understanding dated 28.05.2018.

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 petitioner any further.

12. For the reasons afore-recorded, the FIR No. 536/2015 dated 21.06.2015 registered at Police Station – Subhash Palace and all other proceedings emanating therefrom are quashed.

13. The petition is allowed and disposed of accordingly. Dasti.

JUDGE JANUARY 20, 2020 PB