Mamta & Ors. v. State & Ors.

Delhi High Court · 03 Sep 2019 · 2019:DHC:4306
Suresh Kumar Kait
CRL.M.C. 4231/2019
2019:DHC:4306
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 288, 304-A, and 34 IPC based on an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 4231/2019
HIGH COURT OF DELHI
Date of Decision: 03.09.2019
CRL.M.C. 4231/2019
MAMTA & ORS. ..... Petitioners
Through: Mr. Manish Kumar, Adv.
VERSUS
STATE & ORS. ..... Respondents
Through: Mr.M.S. Oberoi, APP for State with
SI Yogendra Kumar, PS – Burari
Mr. Anand Ranjan, Adv. for R-2 & 3
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 34404/2019
Allowed, subject to all just exceptions.
Application is disposed of.
Vide the present petition, the petitioners seek direction thereby quashing FIR No. 46/2017, registered at Police Station– Burari, for the offences punishable under Sections 288/304-A/34 IPC and all other proceedings emanating therefrom.
Notice issued.
2019:DHC:4306 Notice is accepted by learned APP for the State and counsel for the respondent Nos.2 and 3.
With the consent of the counsel for the parties, the present petition is taken up for final disposal.
The present petition is filed on the ground that the parties have settled their disputes and the respondent Nos. 2 and 3 have no objection if the present petition is allowed.
Respondent No. 2 and 3 are personally present in Court with learned counsel – Mr. Anand Ranjan, Advocate and they have been identified by SI
Yogendra Kumar/IO, PS – Burari.
The petitioners and respondent Nos. 2 and 3 have entered into an amicable settlement vide settlement deed dated 06.07.2019. The total settlement amount is ₹6 lakhs. Respondent Nos. 2 and 3 submit that they have already received an amount of ₹3,50,000/-. Further, the demand draft bearing No. 270321 dated 27.08.2018 for an amount of ₹2,50,000/- in favour of respondent No. 2 has been handed over to the respondent Nos. 2 and 3 today in the Court.
Keeping in view the settlement arrived at between the parties, the FIR
No. 46/2017, registered at Police Station– Burari, for the offences punishable under Sections 288/304-A/34 IPC and all other proceedings emanating therefrom are hereby quashed.
The present petition is allowed and disposed of accordingly.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 03, 2019 PB