Ishan Chopra v. State & Anr

Delhi High Court · 01 Oct 2019 · 2019:DHC:5070
Suresh Kumar Kait
CRL.M.C. 5023/2019
2019:DHC:5070
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement between the parties and the complainant's refusal to continue prosecution.

Full Text
Translation output
CRL.M.C.5023/2019
HIGH COURT OF DELHI
Date of Decision: 01.10.2019
CRL.M.C. 5023/2019
ISHAN CHOPRA ..... Petitioner
Through: Mr. Vinit Trehan and Mr. Apar Chopra, Advs. with petitioner in person
VERSUS
STATE & ANR ..... Respondents
Through: Mr.Tarang Srivastava, APP for State.
Inspector Usha Sharma, SI Naveen
(IO), PS – North Rohini
Mr. Sanjay Goel and Mr. Nitin Kumar, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 37413/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of. CRL.M.C. 5023/2019

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 164/2016 dated 11.03.2016, registered at Police Station – North Rohini and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:5070

5. Notice is accepted by learned APP for the State and counsel for the respondent no.2.

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 is personally present in Court with learned counsel and she has been identified by SI Naveen/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. The petitioner and respondent no. 2 have entered into an amicable settlement vide settlement deed dated 07.08.2019. The total settlement amount is ₹2,00,000/-(Rupees Two Lakhs). It is submitted that the respondent no.2 has already received an amount of ₹1,00,000/- (Rupees One Lakh). A demand draft bearing No.882594 dated 27.09.2019 for the balance amount of ₹1,00,000/- (Rupees One Lakh) is handed over to the respondent no.2 today in the Court.

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. 164/2016 dated 11.03.2016, registered at Police Station – North Rohini and all other proceedings emanating therefrom are hereby quashed.

12. The petition is allowed accordingly.

13. I hereby make it clear that the present petition has been quashed without any prejudice to the rights and contentions of the complainant in MACT Claim case, which is pending adjudication.

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

JUDGE OCTOBER 01, 2019 PB