Bhura & Ors v. The State (Govt. of NCT of Delhi) & Ors

Delhi High Court · 27 Sep 2019 · 2019:DHC:4977
Suresh Kumar Kait
CRL.M.C. 4960/2019
2019:DHC:4977
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings under multiple IPC sections based on an amicable settlement between the parties and the complainant's decision not to prosecute further.

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CRL.M.C. 4960/2019
HIGH COURT OF DELHI
Date of Decision: 27.09.2019.
CRL.M.C. 4960/2019
BHURA & ORS ..... Petitioners
Through Mr. R. S. Mishra with Mr. Anand Mishra, Advs.
VERSUS
THE STATE (GOVT. OF NCT OF DELHI) & ORS ..... Respondents
Through Mr. K. K. Ghai, APP for the State SI Ganjendra Kumar, PS Chhawla
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 37163/2019(Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

3. Vide the present petition, the petitioners seek direction thereby for quashing FIR No 209/2019 dated 07/06/2019, registered at PS Chhawala, for the offences punishable under Sections 342/323/452/354/506/427/34 IPC and all other proceedings emanating therefrom. 2019:DHC:4977

4. Notice issued.

5. Notice is accepted by learned APP for the State. 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 Nos. 2 to 7 have no objection if the present petition is allowed.

7. Respondent No. 2 is personally present in Court and she has been identified by SI Gajendra Kumar/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. The petitioners and respondent no.2 to 7 have entered into an amicable settlement vide MoU dated 18.09.2019.

9. Learned counsel for the petitioner submits that the petitioner has received the total settlement amount and prays that the present petition may be quashed.

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. 209/2019 dated 07/06/2019 registered at Police Station Chhawala instituted for the offences punishable under Sections 342/323/452/354/506/427/34 of the IPC and consequent proceedings therefrom are quashed.

12. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 27, 2019 ms