Sachin & Ors. v. State & Anr.

Delhi High Court · 19 Nov 2019 · 2019:DHC:6102
Suresh Kumar Kait
CRL.M.C.3364/2019
2019:DHC:6102
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement and the complainant's consent, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C.3364/2019
HIGH COURT OF DELHI
Date of Decision: 19.11.2019
CRL.M.C. 3364/2019
SACHIN & ORS. ..... Petitioners
Through Ms. Supriya Juneja, Adv. with petitioners in person
VERSUS
STATE & ANR. ..... Respondent
Through Mr. Izhar Ahmed, APP for State SI Naeem Ali, PS Gokulpuri
Mr. Amit Yadav, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 360/2016 dated 04.06.2016, registered at P.S. Gokul Puri and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the respondent no.2.

4. With the consent of the counsel for the parties, the present petition is 2019:DHC:6102 taken up for final disposal.

5. 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.

6. The petitioners and respondent no.2 have entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 19.09.2018 for a total sum of ₹4.[5] lacs to be paid by the petitioner no. 1 to respondent No. 2 towards all her claims. Out of the total settled amount, ₹3 lacs stood received by the respondent no.2 and a demand draft bearing no.745213 dated 13.11.2019 drawn on UCO Bank has been handed over to the respondent no.2 in the Court today towards the remaining ₹1.[5] lacs by the petitioner no.1.

7. Respondent no.2 is personally present in Court with learned counsel and has been identified by SI Naeem Ali of P.S. Gokulpuri and submits that since the matter has been settled and she has received the entire settled amount, she does not wish to prosecute the matter any further.

8. 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.

6. For the reasons afore-recorded, the FIR No. 360/2016 dated 04.06.2016, registered at P.S. Gokul Puri and all other proceedings emanating therefrom are quashed.

7. The petition is allowed accordingly.

8. Order dasti.

JUDGE NOVEMBER 19, 2019 sm