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High Court of DelhiCRL.M.C./310/2020

Harish Guliya v. State & ANR.

2020-02-06Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 310/2020 HARISH GULIYA ..... Petitioner Through:

Mr. S.K.Atri, Advocate.

Petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Amit Ahlawat, APP for the State with SI Sandeep.

Mr. Yudhishter Sharma, Mr. Resham Sharma and Mr. Godwin Rathee, Adv. for R-2 R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 06.02.2020 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.259/2017, under Sections 354-A/506/509 IPC, registered at Police Station- Mehrauli, South 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 with the intervention of well wishers and family members, 23.12.2019.

Affidavit of respondent no.2 is also 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 State Legal Services Authority within four 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.259/2017, under Sections 354A/506/509 IPC, registered at Police Station- Mehrauli, South Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 06, 2020/ib