Namit Kumar v. State & Anr.

Delhi High Court · 14 Oct 2019 · 2019:DHC:5223
Suresh Kumar Kait
CRL.M.C. 5206/2019
2019:DHC:5223
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 354 IPC on the ground of amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.5206/2019
HIGH COURT OF DELHI
Date of Decision: 14.10.2019
CRL.M.C. 5206/2019
NAMIT KUMAR ..... Petitioner
Through Mr.Lohit Ganguly, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Kamal Kumar Ghai, APP for State.
SI Satish Kumar EOW.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 38040/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 5206/2019

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 134/2014 dated 16.02.2014, registered at PS – Alipur, for the offences punishable under Sections 354 IPC and all other proceedings emanating therefrom. 2019:DHC:5223

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the 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 with learned counsel and she has been identified by SI Satish Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. The petitioner and respondent no.2 have entered into an amicable settlement by mutual consent.

9. 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.

10. For the reasons afore-recorded, the FIR No. 134/2014 dated 16.02.2014, registered at PS – Alipur, for the offences punishable under Sections 354 IPC and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

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

JUDGE OCTOBER 14, 2019 ab