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W.P.(CRL) 2364/2019 & W.P.(CRL) 2367/2019 1
HIGH COURT OF DELHI
Date of Decision: November 29, 2019
HIGH COURT OF DELHI
Date of Decision: November 29, 2019
W.P.(CRL) 2364/2019
KUSUM @ MONU & ORS. ..... Petitioners
Through: Mr. Rahul Sharma, Advocate
KUSUM @ MONU & ORS. ..... Petitioners
Through: Mr. Rahul Sharma, Advocate
VERSUS
STATE OF NCT, DELHI & ANR. ..... Respondents
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Yogendera Kumar
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Yogendera Kumar
W.P.(CRL) 2367/2019
GAURAV GANDHI & ORS. ..... Petitioners
Through: Mr. Rahul Sharma, Advocate
GAURAV GANDHI & ORS. ..... Petitioners
Through: Mr. Rahul Sharma, Advocate
VERSUS
STATE OF NCT, DELHI & ORS. ..... Respondents
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Yogendera Kumar
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Yogendera Kumar
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
2019:DHC:6545
W.P.(CRL) 2364/2019 & W.P.(CRL) 2367/2019 2
BRIJESH SETHI, J (oral)
In the above captioned first petition, quashing of FIR No.360/2019, under Sections 325/34 IPC and in the above captioned second petition, quashing of FIR No. 229/2019, under Sections 323/341/354/34 IPC, both registered at police station Hari Nagar, Delhi, is sought on the basis of
Memorandum of Understanding of 27th July, 2019.
Notice.
Ms. Neelam Sharma, Additional Public Prosecutor for respondent/State accepts notice and submits that petitioners as well as complainants of FIR in question are present in the Court and they have been duly identified by Investigating Officer of these cases. Learned
Additional Public Prosecutor for State informs this Court that Gaurav
Gandhi (accused in FIR No.360/2019 and complainant of FIR No.
229/2019) is a habitual offender and one another case is also pending against him and if these FIRs are quashed, petitioners should be put to terms.
Learned counsel for petitioners in both the petitions submits that subject matter of these FIRs stand amicably resolved between the parties, which has no bearing on the other pending FIR case and therefore, the proceedings arising out of these FIRs be brought to an end.
Heard.
Since the subject matter of these FIRs stands mutually and amicably resolved between the parties, no useful purpose would be served in continuation of the proceedings arising therefrom.
BRIJESH SETHI, J (oral)
In the above captioned first petition, quashing of FIR No.360/2019, under Sections 325/34 IPC and in the above captioned second petition, quashing of FIR No. 229/2019, under Sections 323/341/354/34 IPC, both registered at police station Hari Nagar, Delhi, is sought on the basis of
Memorandum of Understanding of 27th July, 2019.
Notice.
Ms. Neelam Sharma, Additional Public Prosecutor for respondent/State accepts notice and submits that petitioners as well as complainants of FIR in question are present in the Court and they have been duly identified by Investigating Officer of these cases. Learned
Additional Public Prosecutor for State informs this Court that Gaurav
Gandhi (accused in FIR No.360/2019 and complainant of FIR No.
229/2019) is a habitual offender and one another case is also pending against him and if these FIRs are quashed, petitioners should be put to terms.
Learned counsel for petitioners in both the petitions submits that subject matter of these FIRs stand amicably resolved between the parties, which has no bearing on the other pending FIR case and therefore, the proceedings arising out of these FIRs be brought to an end.
Heard.
Since the subject matter of these FIRs stands mutually and amicably resolved between the parties, no useful purpose would be served in continuation of the proceedings arising therefrom.
W.P.(CRL) 2364/2019 & W.P.(CRL) 2367/2019 3
In view of the above, subject to deposit of cost of Rs.25,000/- (in each petition) with the Delhi High Court Advocates Welfare Trust and placing on record receipt of deposit of cost within two weeks, FIR
No.360/2019, under Sections 325/34 IPC and FIR No. 229/2019, under
Sections 323/341/354/34 IPC, both registered at police station Hari
Nagar, Delhi and proceedings emanating therefrom shall stand quashed.
The petitions stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
NOVEMBER 29, 2019 r
In view of the above, subject to deposit of cost of Rs.25,000/- (in each petition) with the Delhi High Court Advocates Welfare Trust and placing on record receipt of deposit of cost within two weeks, FIR
No.360/2019, under Sections 325/34 IPC and FIR No. 229/2019, under
Sections 323/341/354/34 IPC, both registered at police station Hari
Nagar, Delhi and proceedings emanating therefrom shall stand quashed.
The petitions stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
NOVEMBER 29, 2019 r