Sachin Khurana & Ors v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 05 Dec 2019 · 2019:DHC:6639
Suresh Kumar Kait
CRL.M.C. 6259/2019
2019:DHC:6639
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and the complainant's consent to discontinue prosecution.

Full Text
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CRL.M.C.6259/2019
HIGH COURT OF DELHI
Date of Decision: 05.12.2019
CRL.M.C. 6259/2019
SACHIN KHURANA & ORS ..... Petitioners
Through Mr.Bharat Bagga, Adv.
VERSUS
THE STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondent
Through Mr.K.K. Ghei, APP for State.
SI Balwan Singh PS Mangal Puri.
Mr.Uttamjit Singh, Adv. for complainant/R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 41957/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 6259/2019

3. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 507/2016 dated 25.03.2016 registered at Police Station – Mangol Puri, Delhi and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:6639

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 – Mr.Uttamjit Singh, Advocate and she has been identified by W/SI – Vaishali Kaushik/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. The petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 20.11.2019. As per the settlement agreement, a demand draft bearing No. 876145 dated 04.12.2019 for the balance amount of ₹23,00,000/- (Rupees Twenty Lakhs) is handed over to the respondent No. 2 today in the Court.

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 concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

12. For the reasons afore-recorded, the FIR No.507/2016 dated 25.03.2016 registered at Police Station – Mangol Puri, Delhi and all other proceedings emanating therefrom are quashed.

13. The petition is allowed and disposed of accordingly.

14. Order dasti.

JUDGE DECEMBER 05, 2019 ab