Mohd. Arif v. State & Anr.

Delhi High Court · 09 Jan 2020 · 2020:DHC:104
Suresh Kumar Kait
CRL.M.C. 53/2020
2020:DHC:104
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties under its inherent powers.

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CRL.M.C. 53/2020
HIGH COURT OF DELHI
Date of Decision: 09.01.2020
CRL.M.C. 53/2020
MOHD. ARIF ..... Petitioner
Through: Mr. Ankur Gupta, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. K.K. Ghai, APP for State with
ASI Mahavir, PS – Chandni Mahal
Ms. Barkha Juneja, 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 petitioner seeks direction thereby quashing FIR No. 319/2014 registered at Police Station – Chandni Mahal, New Delhi 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.

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 have no objection if the present 2020:DHC:104 CRL.M.C. 53/2020 petition is allowed.

6. Respondent No. 2 is personally present in Court with learned counsel – Ms. Barkha Juneja, Advocate and she has been identified by ASI - Mahavir/IO and submits that matter has been settled and she 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 executed on 03.12.2019.

8. Learned counsel for the petitioner 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 petitioner any further.

10. For the reasons afore-recorded, the FIR No. 319/2014 registered at Police Station – Chandni Mahal, New Delhi and all other proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly. Dasti.

JUDGE JANUARY 09, 2020