Hari Shankar & Ors. v. State & Anr.

Delhi High Court · 21 Oct 2019 · 2019:DHC:5389
Suresh Kumar Kait
CRL.M.C. 5372/2019
2019:DHC:5389
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIR and criminal proceedings based on an amicable settlement between parties and the complainant's consent, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 5372/2019
HIGH COURT OF DELHI
Date of Decision: 21.10.2019.
CRL.M.C. 5372/2019
HARI SHANKAR & ORS. ..... Petitioners
Through Ms. Saloni Kaushik, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
Insp. Vinay Kumar, ATO/Khajuri Khas
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 38677/2019

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. 141/2006 dated 01.04.2006, registered at PS Khajuri Khas and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:5389

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 is personally present in Court and he has been identified by SI Vinay Kumar /IO because the Respondent no.2/complainant herein, is accused in case FIR No. 141/2006 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 Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 11.01.2019.

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 petitioners any further.

11. For the reasons afore-recorded, the FIR No. 141/2006 dated 01.04.2006, registered at PS Khajuri Khas aand consequent proceedings emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti.

JUDGE OCTOBER 21, 2019 ms