Through : Mr.R.P.S.Bhati, Advocate v. THE STATE ( GOVT OF NCT OF DELHI) & ORS

Delhi High Court · 07 Mar 2017 · 2017:DHC:1330
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (ORAL)
2017:DHC:1330

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Crl.M.C.760/2016 HIGH COURT OF DELHI
Date of Decision: MARCH 07, 2017
CRL.M.C. 760/2016
NAZIM ..... Petitioner
Through : Mr.R.P.S.Bhati, Advocate.
VERSUS
THE STATE ( GOVT OF NCT OF DELHI) & ORS..... Respondents
Through : Ms.Meenakshi Dahiya, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (ORAL)
JUDGMENT

1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.54/2010 under Sections 354/341/323 IPC registered at police Station Seelampur. It is stated that the matter has been settled with the respondents No.2 and 3 amicably.

2. I have heard the learned counsel for the petitioner and have summoned the Trial Court record. On perusal of the Trial Court record, it reveals that all the prosecution witnesses have since been examined. Statement of the petitioner under Section 313 Cr.P.C. has been recorded. Arguments have been heard and the case is fixed for final disposal. No plausible explanation has been offered by the petitioner as to why the matter was not settled at the earlier stages. After the victims have examined 2017:DHC:1330 Crl.M.C.760/2016 themselves on oath and the matter is fixed for final disposal, it is not a fit case to quash proceedings under Section 482 Cr.P.C. on the basis of settlement. The petitioner must wait for the verdict of the trial court.

3. The petition is dismissed.

4. Trial Court record be sent back forthwith along with the copy of the order.

JUDGE MARCH 07, 2017 sa