Jai Prakash v. The State & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 19/2020 JAI PRAKASH ..... Petitioner Through:

Mr. Kushal Sharma, proxy counsel with petitioner in person.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mayank Sharma, proxy counsel for the State with W/SI Radha PS Delhi Cantt.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 20.02.2020 Crl. M.A.No. 82/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 6733/2019 1.

Lawyers are abstaining from work today.

2.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.63/2013, under Sections 308 IPC, registered at Police Station- Delhi Cantt., District South-West, Delhi, and all proceedings emanating therefrom.

3.

Issue notice. Proxy counsel appearing on behalf of the State enters appearance and accepts notice.

Respondent No.2 appears in

person and accepts notice.

4.

On the complaint of respondent No. 2 above said FIR was registered against the petitioner.

5.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of settlement agreement dated 27.08.2013.

Copy of the order is also placed on record.

6.

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

7.

Proxy counsel appearing on behalf of the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

8.

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 payment of costs of ₹7,500/- to be deposited by the petitioner and payment of costs of ₹7,500/- to be deposited by respondent no. 2 with Delhi State Legal Services Authority within one week 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.63/2013, under Sections 308 IPC, registered at Police Station- Delhi Cantt., District South-West, Delhi, and the proceedings emanating therefrom shall

stand quashed.

9.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 20, 2020 AK