Saurabh Luthra v. The State (NCT of Delhi) & Anr

Delhi High Court · 22 Oct 2019 · 2019:DHC:5444
Suresh Kumar Kait
CRL.M.C. 5449/2019
2019:DHC:5444
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 468, 471, 420, and 467 IPC based on an amicable settlement between parties, imposing a condition for charitable milk distribution.

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CRL.M.C 5449/2019
HIGH COURT OF DELHI
Date of Decision: 22.10.2019
CRL.M.C. 5449/2019
SAURABH LUTHRA ..... Petitioner
Through: Mr. Sher Singh Chauhan, Adv.
VERSUS
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr. Izhar Ahmad, APP for State.
SI Dhananjay Gupta, PS – Janak Puri
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks direction thereby to quash the FIR No. 157/2017 registered at Police Station - Janak Puri, Delhi for the offences punishable under Sections 468/471/420/467 IPC.

2. Present petition has been filed on the ground that the petitioner and the respondent No. 2 have amicably settled their disputes on their own accord, free and sweet will and consent without any pressure and coercion from any corner.

3. Since respondent No. 2/ complainant has settled all his grievances and 2019:DHC:5444 misunderstandings have already been sorted out amicably out of the Court and both the parties want to lead their peaceful lives, the respondent No. 2/ complainant does not want to pursue his complaint anymore and want to withdraw the present proceedings.

4. Respondent No. 2/ complainant is personally present in Court and has been identified by SI Dhananjay Gupta, PS - Janak Puri.

5. As admitted by respondent No. 2/ complainant that he is running milk dairy having 50 cows and fetching more than 250 litres per day and earning around ₹2 lakh per month, therefore, he has settled the dispute with the petitioner/ accused on a lesser amount and submits that if the present petition is allowed, he shall distribute 100 litres of milk per day to the destitute children and women for one week.

6. Keeping in view the settlement arrived between the parties, I hereby quash the FIR No. 157/2017, registered at PS – Janak Puri with all emanating proceedings thereto.

7. The respondent No. 2 is directed to send 100 litres of milk (50 litres each morning and evening) to Nirmal Chhaya, Jail Road, Hari Nagar, New Delhi which shall be distributed amongst the destitute children and women therein by the In-Charge of the said Centre from 23.10.2019 to 29.10.2019. The milk shall be delivered to the said Centre by 8.00 AM in the morning and by 7.00 PM in the evening.

8. In-Charge of the Centre is directed to ensure the purity of milk at the time of receiving the same. It is hereby made clear that if on any day, the lesser milk is received or purity is not upto the mark then the petitioner shall send milk of the same quantity for further four days.

9. In view of the above, the petition is allowed and disposed of.

JUDGE OCTOBER 22, 2019 PB