Pravesh Kumar v. State (NCT of Delhi) & Anr

Delhi High Court · 04 Jan 2016 · 2016:DHC:9298
Indermeet Kaur
W.P.(CRL)3044/2015
2016:DHC:9298
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR based on a settlement between parties, subject to payment of costs to the State.

Full Text
Translation output
$-3,4 and 5 HIGH COURT OF DELHI
W.P.(CRL)3044/2015
PRAVESH KUMAR Petitioner
Through Mr.B.S.Mathur,Mr.Rajat Mathur and Mr.Vijay Singh,Advocates.
VERSUS
STATE(NCT OFDELHI)&ANR Respondents
Through Mr.Rajesh Mahajan, Addl.Standing Counsel for the State along with SI
Parmendra Kumar.
Complainantin person.
W.P.(CRL)3095/2015
SANDEEP
Through Petitioner Mr.B.S.Mathur, Mr.Rajat Mathur and
VERSUS
STATE(NCT OF DELHI)& ANR
Through Mr.R.S.Kundu
W.P.(CRL)3102/2015
SUMIT HOODA
Through Respondents Addl. Standing Counsel and with Mr.Ankit Kumar
Gulia, Adv. for the State along with SI Parmendra Kumar.
Petitioner Mr.B.S.Mathur, Mr.Rajat Mathur and
VERSUS
STATE(NCT OFDELHI)&ANR Respondents
Through Mr.R.S.Kundu, Addl. Standing Counsel and with Mr.Ankit Kumar
2016:DHC:9298 \ Gulia, Adv. for the State along with
SIParmendra Kumar.
CORAM:
HON'BLE MS.JUSTICEINDERMEET KAUR
ORDER o/o 04.01.2016 Crl.M.A.No.18713/2015(exemption!in W.P.(CRL13044/2015
Cri.M.A.No.18945/2015(exemption^ in W.P.fCRL)3095/2015
Crl.M.A.No.l8974/2015(exemption!in W.P.(CRL)3102/2015
Exemption is allowed subjecttojust exceptions. Applications disposed of.
W.P.rCRLl3044/2015&Cri.M.A.No.18712/2015 W.P.lCRLl3095/2015& Crl.M.A.No.18944/2015
W.P.(CRL13102/2015& Crl.M.A.No.18973/2015
These petitions seek quashing ofFIR No.807/2015 registered under Sections 323/342/506/509/34 of the IPG; Section 354 of the
IPG was also added later on. The FIR was registered on the complainantofrespondentno.2/complainant.
Parties have arrived at a settlement and a memorandum of understanding duly signed by all the parties i.e. the complainant and the accused i.e. three petitioners before this Court as also earlier un- arrayed petitioners (Amit and Praveen) who were later on added, pursuantto which amended memo ofparties has been filed which is record.
Itis statedthat withthe intervention ofthe elders ofthe society, the parties have settled their disputes and they have no grievance or complaint left against each other. They accordingly pray that the presentFIR be quashed as the complainant does wish to pursue this litigation any further. Complainant is present. She endorses this position. Her presence has been identified by the Investigating
Officer who is also presentinthe Courttoday.
The memorandum of understanding arrived at between the parties which is a written documentdated 17.12.2015 is a part ofthe record.
Learned Counsels for the State has filed a status report. It has been submittedthatifatallthe presentFIRis permittedto be quashed it should be quashed subjectto costs asthe State machinery has been putinto motion andthe State hasincurred expenses.
Accordingly,noting the above submission made by the learned counsels for the State as also noting the averments made in the presentpetitions andthe written documentwhich isthe memorandum ofunderstanding arrived at between the parties,the prayers made in the present petitions are allowed;FIR No.807/2015 registered under
Sections 323/342/506/509/34/354 of the IPC as also all the proceedings emanating therefrom are quashed subjectto payment of
Rs.30000/-to be deposited bythe petitionersin equal proportion with the Delhi High Court Legal Services Committee within two weeks from today.
Petitions disposed of.
INDERMEET KAUR,J JANUARY 04,2016 ndn
JUDGMENT