Sh. Rahul Dawar v. State & Ors.

Delhi High Court · 19 Sep 2019 · 2019:DHC:4741
Suresh Kumar Kait
CRL.M.C. 4723/2019
2019:DHC:4741
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323/506 IPC and Juvenile Justice Act on the ground of amicable settlement between parties and the complainant's unwillingness to prosecute further.

Full Text
Translation output
CRL.M.C. 4723/2019
HIGH COURT OF DELHI
Date of Decision: 19.09.2019
CRL.M.C. 4723/2019
SH. RAHUL DAWAR ..... Petitioner
Through: Mr. Sanjay Khanna with Ms. Pragya Bhushan, Advs.
VERSUS
STATE & ORS. ..... Respondents
Through: Mr.M.S. Oberoi, APP for State.
ASI Surender Kumar Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 36174/2019

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 589/2015 dated 27.04.2015, registered at PS - Mukherjee Nagar, Delhi for the offences punishable under Sections 323/506 of IPC and 23 of Juvenile Justice Act and all other proceedings emanating therefrom. 2019:DHC:4741

4. Notice issued.

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 for himself and on behalf of respondent no.3 being a father/natural guardian of respondent no.3, have no objection if the present petition is allowed.

8. Respondent no. 2 is personally present in Court and he has been identified by ASI Surender Kumar/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, for himself as well as on behalf of his (respondent no. 2’s) minor daughter/ respondent no.3 being her father & natural guardian, settled the dispute concerning the FIR in question amicably and peacefully with the intervention of their elders and neighbours.

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

11. 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.

12. For the reasons afore-recorded, the FIR No. 589/2015 dated 27.04.2015 registered at Police Station Mukherjee Nagar, Delhi instituted for the offences punishable under Sections 323/506 of IPC and 23 of Juvenile Justice Act and consequent proceedings therefrom are quashed.

13. The petition is disposed of accordingly.

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

JUDGE SEPTEMBER 19, 2019 ms