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High Court of DelhiCRL.M.C./18/2020

Mohan Singh v. State & ANR.

2020-01-07Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 18/2020 MOHAN SINGH ..... Petitioner Through:

Mr. Rajesh Mishra, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State with SI Ranvir PS Sagar Pur and ASI Satya PS Sagar Pur.

Ms.

Neetu Rai, Advocate for complainant with complainant in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 07.01.2020 Crl. M.A.No. 72/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 18/2020 1.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 appears and accepts notice. 2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.358/2016, under Sections 354D/506/509 IPC, registered at Police Station-Sagarpur, South West Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that on the complaint of respondent No. 2 above said FIR was registered against the petitioner.

4.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of MOU dated 23.12.2019. Copy of the MOU is also placed on record. 5.

Respondent no.2 is present in Court and identified by the IO. The respondent No.2 submits that she has settled her disputes with the petitioner. She further submits that she has no objection if the FIR in question is quashed.

6.

Learned APP for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

7.

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 ₹50,000/- to be deposited by the petitioner with Delhi High Court Legal Services Committee within two weeks from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over their copies to the Investigating Officer, FIR No.358/2016, under Sections 354D/506/509 IPC, registered at Police Station-Sagarpur, South West Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 07, 2020/AK