Palash Agarwal v. State & Anr

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 410/2017 dated 23.08.2017 registered at Police Station – Anand Vihar 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:247

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. Respondent no. 2 is personally present in Court with her counsel. For her identification, she has shown her PAN Card. Original of her PAN Card bearing No. BWVPA7389C is seen and returned. She 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 settlement deed dated 21.11.2016. A cheque bearing NO. 670578 dated 15.01.2020 drawn on Canara Bank, Delhi Bhogal Lane Branch, New Delhi for an amount of ₹5 lakhs has been handed over to the respondent no. 2 today in the Court. It is made clear that if the aforesaid cheque is not clear, the petitioner shall be liable to pay an amount of ₹50,000/- in favour of respondent no. 2.

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. 410/2017 dated 23.08.2017 registered at Police Station – Anand Vihar and all other proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly. Pending application also stands disposed of. Dasti.

JUDGE JANUARY 15, 2020 PB