Shri Mahavir & Anr. v. State & Anr.

Delhi High Court · 04 Dec 2019 · 2019:DHC:6604
Suresh Kumar Kait
CRL.M.C.4330/2019
2019:DHC:6604
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 452, 323, 506, and 34 IPC following an amicable settlement between the parties and the complainant's consent to discontinue prosecution.

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Translation output
CRL.M.C.4330/2019
HIGH COURT OF DELHI
Date of Decision: 04.12.2019
CRL.M.C. 4330/2019
SHRI MAHAVIR & ANR. ..... Petitioners
Through Mr.S.A. Rajput, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
ASI Pushpender Pal Singh DIU/West Distt.
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 34755/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 4330/2019

3. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 404/2012 dated 21.09.2012, registered at Police Station – Uttam Nagar, for the offences punishable under Sections 452/323/506/34 IPC and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:6604

5. Notice is accepted by learned APP for the State and 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 and she has been identified by ASI Pushpender Pal Singh/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 26.02.2016 before Mediation Centre, Tis Hazari Courts, Delhi.

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. 404/2012 dated 21.09.2012, registered at Police Station – Uttam Nagar, for the offences punishable under Sections 452/323/506/34 IPC and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

JUDGE DECEMBER 04, 2019