MS K SHARADA v. STATE & ANR.

Delhi High Court · 06 Nov 2019 · 2019:DHC:5759
SURESH KUMAR KAIT
CRL.REV.P. 637/2017
2019:DHC:5759
criminal petition_allowed

AI Summary

The Delhi High Court allowed the revision petition and discharged the accused after the parties amicably settled the criminal dispute and the complainant withdrew prosecution.

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CRL.REV.P. 637/2017
HIGH COURT OF DELHI
Date of Decision: 06.11.2019
CRL.REV.P. 637/2017 & CRL.M.A. 13989/2017 (stay)
MS K SHARADA ..... Petitioner
Through Mr. Ashok Agrawaal & Ms. Devyani Bhatt, Advs.
VERSUS
STATE & ANR. ..... 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)

1. Vide the present petition, the petitioner seeks direction thereby quashing the impugned order dated 01.07.2017 in Complaint No.56779/2016, passed by the Court of Sh. Jagdish Kumar, Special Judge and Additional Sessions Judge (West-02), Tis Hazari Court, Delhi and the charge framed against the petitioner vide proceedings dated 12.07.2017 and discharge the petitioner.

2. With the consent of the counsel for the parties, the present petition is 2019:DHC:5759 taken up for final disposal.

3. 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.

4. 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.

5. The petitioner and respondent no.2 have entered into an amicable settlement vide Memorandum of Settlement dated 08.04.2019.

6. For the reasons afore-recorded, the impugned order dated 01.07.2017 in Complaint No.56779/2016, passed by the Court of Sh. Jagdish Kumar, Special Judge and Additional Sessions Judge (West-02), Tis Hazari Court, Delhi and the charge framed against the petitioner vide proceedings dated 12.07.2017, are hereby quashed and the petitioner shall be discharged accordingly.

7. The petition is allowed accordingly.

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

JUDGE NOVEMBER 06, 2019 sm