Delhi High Court - Orders
Anil Kumar Alias Anil Yadav And Ors vs State Nct Of Delhi And Anr on 16 February, 2022
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
(VIA VIDEO CONFERENCING)
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 355/2022
ANIL KUMAR ALIAS ANIL YADAV AND ORS.
..... Petitioner
Through: Mr. Manish Sangwan, Advocate
along with petitioners Anil Kumar,
Bhagmati, Roshini Devi, Sajjan
Kumar & Shameel through VC
versus
STATE NCT OF DELHI AND ANR.
..... Respondent
Through: Mr. Sanjay Lao, Standing Counsel &
Mr. Karanjeet Rai sharma, Advocate
for the State along with IO
Mr. Vishal Garg, Advocate for R-2
along with R-2 Ms. Pooja Yadav
through VC
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 16.02.2022 CRL.M.A. 3051/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 355/2022.
1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.187/2021, under Section 323/354A/506/509/34 IPC, registered at Police Station-Jaffarpur Kalan, Delhi, and all proceedings emanating therefrom.
Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:19.02.2022 16:52(VIA VIDEO CONFERENCING)
2. The brief facts of the case are that on the complaint of respondent no.2, the aforesaid FIR was got registered against the petitioner.
3. Counsel for the petitioner submits that during the pendency of the trial, with the intervention of mediation of common friends, and elder persons of the society, the parties have settled the matter amicably in terms of the Settlement dated 17.01.2022. Copy of the said settlement is placed on record.
4. Petitioners are present today in the Court through video conferencing. Respondent No.2 is also present in Court today through video conferencing and they have been identified by the IO. I have interacted with the parties and they submit that they have settled their disputes. Respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.
5. Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed.
6. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law. Consequentially, this petition is allowed, subject to costs of ₹20,000/- to be deposited by the petitioners with the Delhi High Court Legal Services Committee within a week from today. Upon placing on record the proof of deposit of costs within two weeks thereafter and handing over its copy to the Investigating Officer, 187/2021, under Section Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:19.02.2022 16:52 (VIA VIDEO CONFERENCING) 323/354A/506/509/34 IPC, registered at Police Station-Jaffarpur Kalan,, and the proceedings emanating therefrom shall stand quashed.
7. The present petition stands disposed of accordingly. Dasti.
RAJNISH BHATNAGAR, J FEBRUARY 16, 2022 hk Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:19.02.2022 16:52