Pawan v. State & Anr.

Delhi High Court · 05 Sep 2019 · 2019:DHC:4389
Suresh Kumar Kait
CRL.M.C. 4436/2019
2019:DHC:4389
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 354-A IPC based on an amicable settlement and the complainant's unwillingness to prosecute.

Full Text
Translation output
CRL.M.C. 4436/2019
HIGH COURT OF DELHI
Date of Decision: 05.09.2019
CRL.M.C. 4436/2019
PAWAN ..... Petitioner
Through Ms.Ankita Baluni, Adv. with Mr.Sunil Sharma, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Rajeshwar PS Palam Village.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 35115/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioner seeks quashing of FIR No.92/2018 registered at Police Station Palam Village instituted for the offences punishable under Sections 354-A of the IPC and consequent proceedings arising therefrom. 2019:DHC:4389

4. Notice issued.

5. 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.

6. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Counselling Cell, Family Courts, Dwarka Court, New Delhi vide settlement deed dated 02.08.2018 whereby out of the total settlement amount of ₹1,50,000/-, respondent no.2 has received ₹1,00,000/- and the balance amount of ₹50,000/- has already been given to respondent no.2 in demand draft bearing no.122826 dated 09.08.2019 issued by Canara Bank, Dwarka, Delhi in favour of respondent no.2 today and the respondent no.2 has no objection if the present petition is allowed.

7. The complainant/respondent no.2 is present in person and has been identified by SI Rajeshwar of Police Station Palam Village and submits that matter has been settled and she does not wish to prosecute the matter any further.

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.92/2018 registered at Police Station Palam Village instituted for the offences punishable under Sections 354-A of the IPC and consequent proceedings are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti.

JUDGE SEPTEMBER 05, 2019 ab