Ashutosh Garg v. State & Anr.

Delhi High Court · 10 Oct 2019 · 2019:DHC:5139
Suresh Kumar Kait
CRL.M.C.5096/2019
2019:DHC:5139
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and their consent to discontinue prosecution.

Full Text
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CRL.M.C.5096/2019
HIGH COURT OF DELHI
Date of Decision: 10.10.2019
CRL.M.C. 5096/2019
ASHUTOSH GARG ..... Petitioner
Through Mr.S.S. Haider, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.K.K. Ghei, APP for State.
Insp.Dharmendra Kumar EOW.
Mr.Pradeep Rana, Adv. for R-2 & 3 with R-2 & 3 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 37727/2019

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.185/2017 dated 03.07.2017, registered at PS – Kotwali, District North Delhi and all other proceedings emanating therefrom.

4. Notice issued. 2019:DHC:5139

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 Nos. 2 and 3 have no objection if the present petition is allowed.

8. Respondent Nos.[2] & 3 are personally present in Court with learned counsel and they have produced their Aadhar Cards of Rohit Wadhwa bearing No.695611611326 and Amit Wadhwa bearing No.829821515558 and submit that matter has been settled and they do not wish to prosecute the matter any further.

9. The petitioner and respondent nos.[2] & 3 have entered into an amicable settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 15.02.2019.

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 petitioner any further.

11. For the reasons afore-recorded, the FIR No.185/2017 dated 03.07.2017, registered at PS – Kotwali, District North Delhi and consequent proceedings therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

JUDGE OCTOBER 10, 2019 ab