Bhajan Lal @ Ram Bhajan v. The State (Govt of NCT of Delhi) & Anr

Delhi High Court · 11 Sep 2019 · 2019:DHC:4466
Suresh Kumar Kait
CRL.M.C. 4243/2019
2019:DHC:4466
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 308 IPC based on an amicable settlement and no objection from the complainant, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 4243/2019
HIGH COURT OF DELHI
Date of Decision: 11.09.2019
CRL.M.C. 4243/2019
BHAJAN LAL @ RAM BHAJAN ..... Petitioner
Through Mr. M. Hasibuddin, Advocate.
VERSUS
THE STATE (GOVT OF NCT OF DELHI ) & ANR ..... Respondents
Through Mr. M.S. Oberoi, APP for the State with SI Arun Kumar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl.M.A. 34435/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.

1. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 0023/2018 dated 24.02.2018, registered at PS – Defence Colony for the offences punishable under Section 308 IPC and all other proceedings emanating therefrom.

2. Notice issued. 2019:DHC:4466

3. Notice is accepted by learned APP for the State and counsel for the respondents No.2.

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 have no objection if the present petition is allowed.

6. Respondents No. 2 is personally present in Court and has been identified by SI Arun Kumar and submits that matter has been settled and they do not wish to prosecute the matter any further.

7. The petitioner and respondent no.2 have entered into an amicable settlement. In terms of the settlement, respondent No. 2 has filed a no objection certificate which is annexed as Annexure-P[6] (colly).

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. 23/2018 dated 24.02.2018 registered at Police Station- Defence Colony instituted for the offences punishable under Section 308 of the IPC and consequent proceedings therefrom are quashed.

10. The petition is allowed accordingly.

11. Order dasti.

JUDGE SEPTEMBER 11, 2019 yo