Pradeep Arora v. State & Anr.

Delhi High Court · 05 Nov 2019 · 2019:DHC:5730
Suresh Kumar Kait
CRL.M.C.5653/2019
2019:DHC:5730
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 279 and 338 IPC based on an amicable settlement between the parties and the complainant's consent.

Full Text
Translation output
CRL.M.C.5653/2019
HIGH COURT OF DELHI
Date of Decision: 05.11.2019
CRL.M.C. 5653/2019
PRADEEP ARORA ..... Petitioner
Through Mr.Rajat Aneja, Adv. with Mr.Pranav Pathak, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.K.K. Ghei, APP for State.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 39723/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C.5653/2019 & Crl.M.A. 39722/2019

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 666/2015 dated 16.09.2015, registered at PS – Model Town, for the offences punishable under Sections 279/338 IPC and all other proceedings emanating therefrom. 2019:DHC:5730

4. Notice issued.

5. Notice is accepted by learned APP for the State and respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

6. 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.

7. Respondent No.2 is personally present in Court and he has been identified by SI Shiv Kumar/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

8. The petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 04.10.2019.

9. Learned counsel for the petitioner submits that the petitioner has paid the total settlement amount and prays that the present petition may be quashed.

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 petitioner any further.

11. For the reasons afore-recorded, the FIR No.666/2015 dated 16.09.2015, registered at PS – Model Town, for the offences punishable under Sections 279/338 IPC and consequent proceedings therefrom are quashed.

12. The petition is allowed and disposed of, accordingly.

13. Order dasti.

14. Pending application stands disposed of.

JUDGE NOVEMBER 05, 2019 ab