Nishant Sharma v. State & Anr.

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C.5972/2019

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 117/2017 dated 19.05.2017, registered at PS – Subzi Mandi and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:6312

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 his learned counsel and has been identified by SI Yogesh Kumar ASI Nagar Singh/IO. IO has informed the court that the co-accused Dinesh Sharma has already expired and copy of his death certificate has been annexed. Respondent No.2 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 /compromise deed cum mou dated 06.11.2019.

10. Learned counsel for the petitioner submits that the petitioner has received the total settlement amount and prays that the present petition may be quashed.

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. 117/2017 dated 19.05.2017, registered at PS – Subzi Mandi and consequent proceedings emanating therefrom are quashed.

13. The petition is allowed accordingly.

14. Order dasti

JUDGE NOVEMBER 25, 2019 pkb