Rajiv Tyagi & Ors. v. State & Anr.

Delhi High Court · 13 Jan 2020 · 2020:DHC:173
Suresh Kumar Kait
CRL.M.C.109/2020
2020:DHC:173
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement between the parties and the complainant's refusal to prosecute further.

Full Text
Translation output
CRL.M.C.109/2020
HIGH COURT OF DELHI
Date of Decision: 13.01.2020
CRL.M.C. 109/2020
RAJIV TYAGI & ORS. ..... Petitioners
Through Mr.Aditya Singh, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Kamal Kumar Ghai, APP for State.
Insp.K.K. Mishra PS Uttam Nagar.
Mr.Mohit Auluck, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 467/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek directions thereby quashing FIR No. 310/2008 dated 28.08.2008, registered at PS – Uttam Nagar and all other proceedings emanating therefrom. 2020:DHC:173

4. Notice issued.

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

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 with learned counsel and he has been identified by Insp.K.K. Mishra/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9. The petitioners and respondent no.2 have entered into an amicable settlement before Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 18.11.2015.

10. Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

11. For the reasons afore-recorded, the FIR No. 310/2008 dated 28.08.2008, registered at PS – Uttam Nagar and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

JUDGE JANUARY 13, 2020 ab