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W.P.(Crl.) 2789/2019 HIGH COURT OF DELHI
Date of Decision: December 06, 2019
Date of Decision: December 06, 2019
W.P.(CRL) 2789/2019
ASHISH ..... Petitioner
Through Mr. Durgesh Pal, Advocate alongwith petitioner in person
ASHISH ..... Petitioner
Through Mr. Durgesh Pal, Advocate alongwith petitioner in person
VERSUS
THE STATE (GOVT. OF NCT OF DELHI) & ORS..... Respondents
Through Ms. Jyoti Babbar, Advocate for Mr. Rajesh Mahajan, ASC for the
State with SI Mohit, P.S.: Mayur Vihar Mr. Manoj Kumar, Advocate for
Respondent no.2 alongwith respondent no.2 in person
Through Ms. Jyoti Babbar, Advocate for Mr. Rajesh Mahajan, ASC for the
State with SI Mohit, P.S.: Mayur Vihar Mr. Manoj Kumar, Advocate for
Respondent no.2 alongwith respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 269/2019, under section 308 of the Indian Penal Code, 1860 (‘IPC’), registered at
2019:DHC:6734 P.S.: Mayur Vihar Phase-I. Delhi and the proceedings emanating therefrom.
The petitioner and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion.
Respondent no.2 stated that the does not want to pursue the matter.
Respondent no.2, who are present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 269/2019, under section 308 of the IPC, registered at P.S.: Mayur Vihar Phase-I and the proceedings emanating therefrom are quashed, subject to deposit of 100 plants of Pomegranate
(Anar) by the petitioner with the Dy. Director, Horticulture, D-2/85, Pandara Road Nursery, New Delhi.
Parties are directed to file compliance report within a period of two weeks before the Registrar General, failing which cost of Rs. 20,000/- shall be deposited with the Delhi High Court Legal Services Committee.
Petition is disposed of accordingly.
Copy of this order be given dasti, as prayed.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 savita
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 269/2019, under section 308 of the Indian Penal Code, 1860 (‘IPC’), registered at
2019:DHC:6734 P.S.: Mayur Vihar Phase-I. Delhi and the proceedings emanating therefrom.
The petitioner and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion.
Respondent no.2 stated that the does not want to pursue the matter.
Respondent no.2, who are present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 269/2019, under section 308 of the IPC, registered at P.S.: Mayur Vihar Phase-I and the proceedings emanating therefrom are quashed, subject to deposit of 100 plants of Pomegranate
(Anar) by the petitioner with the Dy. Director, Horticulture, D-2/85, Pandara Road Nursery, New Delhi.
Parties are directed to file compliance report within a period of two weeks before the Registrar General, failing which cost of Rs. 20,000/- shall be deposited with the Delhi High Court Legal Services Committee.
Petition is disposed of accordingly.
Copy of this order be given dasti, as prayed.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 savita