MS K SHARADA v. STATE

Delhi High Court · 06 Nov 2019 · 2019:DHC:5760
SURESH KUMAR KAIT
CRL.M.C. 2070/2019
2019:DHC:5760
criminal petition_allowed

AI Summary

The Delhi High Court quashed criminal proceedings under Section 3(1)(ix) of the SC/ST Act following an amicable settlement and the complainant's consent to discontinue prosecution.

Full Text
Translation output
CRL.M.C.2070/2019
HIGH COURT OF DELHI
Date of Decision: 06.11.2019
CRL.M.C. 2070/2019
MS K SHARADA ..... Petitioner
Through Mr. Ashok Agrawaal & Ms. Devyani Bhatt, Advs.
VERSUS
STATE & ORS ..... Respondents
Through Mr. Nitsh Kumar Singh & Mr. Chirag Tuteja, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. Nos.8236-8237/2019 (exemption)

1. Allowed, subject to all just exceptions.

2. Both the applications are disposed of. CRL.M.C. 2070/2019

3. Vide the present petition, the petitioner seeks direction thereby quashing the charge against the petitioner under section 3(l)(ix) of the SC- ST(POA) Act'1989 and proceedings in Complaint Case No. 56779/16 2019:DHC:5760 pending before Sh. Pooran Chand, Ld. ASJ, Tis Hazari Court.

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 has no objection if the present petition is allowed.

6. Respondent No.2 is personally present in Court with learned counsel and has produced his Election Card issued by the Election Commissioner of India vide No.BVK0906594 dated 22.12.2005. The original is seen and returned back to the complainant/ respondent no.2. He has been identified by SI Dev Kumar, PS Janak Puri/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 entered into an amicable settlement vide Memorandum of Settlement dated 08.04.2019.

8. For the reasons afore-recorded, charge against the petitioner under section 3(l)(ix) of the SC-ST(POA) Act'1989 and proceedings in Complaint Case No. 56779/16 pending before Sh. Pooran Chand, Ld. ASJ, Tis Hazari Court are hereby quashed.

9. The petition is allowed accordingly.

10. Order dasti, under the signature of Court Master.

JUDGE NOVEMBER 06, 2019 sm