Ritesh v. State & ANR

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.10.2019 + RITESH ..... Petitioner Through:

Adv. (appearance not given) versus STATE & ANR ..... Respondent Through:

Mr. Izhar Ahmed, APP for State ASI Chanda Singh, PS Najafgarh

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) CRL. M.A. 39070/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

3.

Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 0185/2016 dated 05.04.2016, registered at PS Najafgarh, the offences punishable under Sections 288/337 IPC and all other proceedings emanating therefrom.

4.

Learned APP has raised issue on locus of the petitioner. Whereas the

owner of the property in question is father of the petitioner and one coaccused Chotte Lal contractor is also accused in the present case, however, the present petition is filed only on behalf of Ritesh to quash the FIR and the emanating proceedings thereof.

5.

Learned counsel for the petitioner submits that petitioner used to appear in other matters and settled the matter on behalf of his father. 6.

In view of above, notice issued.

7.

Notice is accepted by learned APP for the State. 8.

With the consent of the counsel for the parties, the present petition is taken up for final disposal.

9.

The present petition is filed on the ground that the parties have settled their disputes and the respondent no.2 has no objection if the present petition is allowed.

10.

Respondent no.2 is present in Court with learned counsel and he has been identified by SI Chanda Singh /IO and submits that matter has been settled and he does not wish to prosecute the matter any further. 11.

The petitioner and respondent no.2 have entered into an amicable settlement out of the Court.

12.

Learned counsel for the petitioner submits that the respondent has

received the total settlement amount and prays that the present petition may be quashed.

13.

Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

14.

For the reasons afore-recorded, the FIR No. 0185/2016 dated 05.04.2016, registered at PS Najafgarh registered for the offences punishable under Sections 288/337 IPC of the IPC and consequent proceedings emanating therefrom are quashed.

15.

The petition is allowed accordingly.

16.

Order dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 23, 2019 ms