Sh. Mohit Garg v. State & Anr.

Delhi High Court · 13 Sep 2019 · 2019:DHC:4551
Suresh Kumar Kait
CRL.M.C. 4608/2019
2019:DHC:4551
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 341, 354A, 506, and 509 IPC following an amicable settlement between the parties and the complainant's refusal to prosecute.

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CRL.M.C. 4608/2019
HIGH COURT OF DELHI
Date of Decision: 13.09.2019
CRL.M.C. 4608/2019
SH. MOHIT GARG ..... Petitioner
Through Mr.Pradeep Kumar Sharma, Adv. with Mr.D.K. Pandey & Mr.Deepak
Kumar, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Sandeep Shrivastava, PS Shalimar Bagh.
Mr.Ankit Kalra, Adv. with Ms.Shivani Giri, Adv. for R-2 with R-
2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl.M.A.35737/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 574/2014 dated 04.08.2014, registered at PS – Maurya Enclave, for the offences punishable under Sections 323/341/354A/506/509 2019:DHC:4551 IPC and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

4. 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.

5. Respondent No.2 is personally present in Court with her counsel and she has been identified by SI Vishal Gupta /IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. The petitioner and respondent no.2 have entered into an amicable settlement before Delhi Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated 10.04.2017.

7. 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.

8. For the reasons afore-recorded, the FIR No. 574/2014 dated 04.08.2014, registered at PS – Maurya Enclave, for the offences punishable under Sections 323/341/354A/506/509 IPC and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 13, 2019 ab