Brijesh Kumar v. The State & Anr.

Delhi High Court · 16 Sep 2019 · 2019:DHC:4582
Suresh Kumar Kait
CRL.M.C. 4633/2019
2019:DHC:4582
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354B and 506 IPC based on an amicable settlement between the parties and the complainant's consent to discontinue prosecution.

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CRL.M.C. 4633/2019
HIGH COURT OF DELHI
Date of Decision: 16.09.2019
CRL.M.C. 4633/2019
BRIJESH KUMAR ..... Petitioner
Through: Mr. Mahipal Singh, Adv.
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr.Panna Lal Sharma, APP for State with SI Anoop Rana, PS – Bindapur and SI/IO Surendar Singh, PS –
Dwarka, Sec. – 23
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 447/2016 registered at Police Station – Binda Pur instituted for the offences punishable under Sections 354B/506 IPC and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by the learned APP for the State and counsel for the respondent no.2. 2019:DHC:4582

4. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

5. 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.

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

7. The petitioner and respondent no.2 have entered into an amicable settlement vide compromise deed dated 05.08.2019. The total settlement amount is ₹70,000/-(Rupees Seventy Thousand only). Learned counsel submits that the respondent No. 2 has already received an amount of ₹50,000/- (Rupees Fifty Thousand only). A demand draft bearing No.001990 dated 07.09.2019 for the balance amount of ₹20,000/- (Rupees Twenty Thousand) is handed over to the respondent No. 2 today in the Court.

8. 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.

9. For the reasons afore-recorded, the FIR No. 447/2016 registered at Police Station – Binda Pur instituted for the offences punishable under Sections 354B/506 IPC and consequent proceedings therefrom are quashed.

10. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 16, 2019 PB