Rohit Basoya v. The State & Anr

Delhi High Court · 15 Nov 2019 · 2019:DHC:5988
Suresh Kumar Kait
CRL.M.C.5784/2019
2019:DHC:5988
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings therefrom on the ground of amicable settlement between the parties and the complainant's no objection to prosecution.

Full Text
Translation output
CRL.M.C.5784/2019
HIGH COURT OF DELHI
Date of Decision: 15.11.2019
CRL.M.C. 5784/2019
ROHIT BASOYA ..... Petitioner
Through: Mr. M. Sowri Dev & Mr. Rahul Sangwan, Advs. with petitioner
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr. Hirein Sharma, APP for State with SI Sushil Sawariya and Inspector
Arvind Sharma (SHO), PS – Defence
Colony.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 51/2017 dated 23.04.2017 registered at PS – Defence Colony and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State.

4. With the consent of the counsel for the parties, the present petition is 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 have no objection if the present petition is allowed. 2019:DHC:5988 CRL.M.C.5784/2019

6. Respondent no. 2 is personally present in Court and he has been identified by SI Sushil Sawariya /IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

7. The petitioner and respondent no.2 have settled their disputes amicably and decided that they shall withdraw all cases complaints etc. filed against each other.

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

9. 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 petitioner any further.

10. For the reasons afore-recorded, the FIR No. 51/2017 dated 23.04.2017 registered at PS – Defence Colony and all other proceedings emanating therefrom are hereby quashed.

11. The petition is allowed accordingly.

12. Dasti.

JUDGE NOVEMBER 15, 2019