Amitab Sen v. State & Anr.

Delhi High Court · 15 Nov 2019 · 2019:DHC:5989
Suresh Kumar Kait
CRL.M.C.5783/2019
2019:DHC:5989
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and the complainant's unwillingness to prosecute.

Full Text
Translation output
CRL.M.C.5783/2019
HIGH COURT OF DELHI
Date of Decision: 15.11.2019
CRL.M.C. 5783/2019
AMITAB SEN ..... Petitioner
Through Ms. Pavitra Veer singh, Adv
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State SI Rahul, PS Shakarpur
Mr. Vinay Kumar, Adv for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 40260/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 1420/2013 dated 22.12.2013, registered at P.S. Shakarpur and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:5989

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 learned counsel and she has been identified by SI Rahul /I.O. and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. Learned counsel for the parties jointly submit that with the intervention of the respectable persons of the society, neighbours, relatives and family member, the petitioner and respondent no.2 have entered into an amicable settlement vide MOU dated 16.09.2019.

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, FIR No. 1420/2013 dated 22.12.2013, registered at P.S. Shakarpur and all other proceedings emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti.

JUDGE NOVEMBER 15, 2019 sm