Sunil Kumar Sharma v. State & Anr.

Delhi High Court · 04 Nov 2019 · 2019:DHC:5707
Suresh Kumar Kait
CRL.M.C. 5616/2019
2019:DHC:5707
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 consent to discontinue prosecution.

Full Text
Translation output
CRL.M.C. 5616/2019
HIGH COURT OF DELHI
Date of Decision: 04.11.2019
CRL.M.C. 5616/2019
SUNIL KUMAR SHARMA ..... Petitioner
Through Mr. Mayank Sharma with Mr. Aman Singh Brar, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Hirein Sharma, APP for State SI Vikas, PS Dwarka South
Respondent no.2 is present in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 39564/2019

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. 0353/2016 dated 06.06.2016, registered at PS Dwarka South (South West) and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:5707

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

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 through its authorised representative is personally present in Court and has been identified by SI Vikas/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9. The petitioner and respondent no.2 have entered into an amicable settlement before the Mediation Centre, Dwarka Courts, New Delhi vide settlement deed dated 13.02.2017.

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, FIR No. 0353/2016 dated 06.06.2016, registered at PS Dwarka South (South West) and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti.

JUDGE NOVEMBER 04, 2019 ms