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High Court of DelhiW.P.(CRL)/3442/2019

Sandeep & ANR v. State & ANR.

2020-01-23Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3442/2019 SANDEEP & ANR ..... Petitioners Through:

Mr. Sumit Choudhary and Mr. Sunil Bhoria, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Rajesh Mahajan, ASC for the State with ASI Narender Singh, PS Ashok Vihar.

Mr. Mitul, Advocates for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 23.01.2020 W.P.(CRL) 3442/2019 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.448/2019, under Sections 308/34 IPC, registered at Police Station-Ashok Vihar, North-West District, 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 petitioners on 17.10.2019.

4.

Counsel for the petitioners submits that during the pendency of

the trial, the parties have settled the matter amicably in terms of Settlement Agreement dated 03.12.2019. Copy of the order is also placed on record.

5.

Respondent no.2 is present in Court and is identified by the IO. The respondent No.2 submits that he has settled his disputes with the petitioners. He further submits that he 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 ₹20,000/- to be deposited by the petitioners with Delhi State Legal Services Authority 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.448/2019, under Sections 308/34 IPC, registered at Police Station-Ashok Vihar, North-West District, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 23, 2020/AK