Mohit Kumar & Anr v. The State (NCT of Delhi) & Anr

Delhi High Court · 23 Dec 2019 · 2019:DHC:7204
Suresh Kumar Kait
CRL.M.C. 6649/2019
2019:DHC:7204
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings against petitioners and co-accused following an amicable settlement and the complainant's consent.

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CRL.M.C. 6649/2019
HIGH COURT OF DELHI
Date of Decision: 23.12.2019
CRL.M.C. 6649/2019
MOHIT KUMAR & ANR ..... Petitioners
Through Mr. S. K. Sinha, Adv.
VERSUS
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Sanjay Kaushik, PS Roop Nagar Ms. Shanta Arora, Adv. for R-2
With respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 43330-31/2019

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

3. Vide the present petition, the petitioners seek directions thereby quashing of FIR No. 130/2018 dated 20.06.2018, registered at Police Station Roop Nagar and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:7204

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 has been identified by SI Sanjay Kaushik/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9. The petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 02.12.2019.

10. A demand draft bearing No.252684 dated 02.12.2019 for the amount of ₹8,00,000/- (Rupees Eight Lakhs only) is handed over to the respondent no.2 today in the Court.

11. Counsel for the respondent submits that the present petition is filed on behalf of two accused only out of the total five accused and she has no objection, if the FIR in question is quashed against the other three accused also. Accordingly, the FIR is quashed against the petitioners herein and the other three co accused as well.

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

13. For the reasons afore-recorded, FIR No. 130/2018 dated 20.06.2018, registered at Police Station Roop Nagar and consequent proceedings emanating therefrom are quashed against the petitioners herein and the three co accused as well.

14. The petition is allowed and disposed of accordingly.

15. Order dasti

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JUDGE DECEMBER 23, 2019 ms