Ashwani Kumar & ANR v. The State & ANR

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 431/2020 ASHWANI KUMAR & ANR ..... Petitioners Through:

Mr. Vidur Kamra, Advocate with petitioners in person.

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

Mr. Amit Ahlawat, APP for the State with SI Deepak Sharma PS Punjabi Bagh.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 27.01.2020 CRL.M.C. 431/2020 1.

Issue notice.

Learned APP for the State accepts notice.

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

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.282/2017, under Sections 420/34/120-B IPC, registered at Police Station-Punjabi Bagh, Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that on the pretext of getting loan complainant was cheated by the petitioner.

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. Affidavits of the petitioner and respondent no. 2 are also placed on record. 5.

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.

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 ₹5,000/- to be deposited by the petitioner 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.282/2017, under Sections 420/34/120-B IPC, registered at Police Station-Punjabi Bagh, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 27, 2020 AK