Khem Malhotra @ Gini v. The State & ANR

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 507/2020 KHEM MALHOTRA @ GINI ..... Petitioner Through:

Mr. A.K.Dhupar, Adv.

Petitioner in person.

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

Mr. Amit Ahlawat, APP for the State with SI Vikash Fageria, P.S.Rajouri Garden.

Mr.

Lalit Bhardwaj,Adv.

for R2/complainant.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 30.01.2020 Crl. M.A.No. 2137/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 507/2020 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.541/2014, under Section 392 IPC, registered at Police Station-Rajouri Garden, 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 in terms of order dated 30.10.2019. Copy of the order is also placed on record. 5.

It is stated that in similar like case being Crl. M.C No. 3869/2019 titled as Rajni Gupta @ Rajnee & Anr. Vs. The State & Ors, decided on 4.12.2019, FIR has been quashed by a learned Single Judge of this Court.

6.

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

7.

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.

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 costs of ₹25,000/- 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.541/2014, under Section 392 IPC, registered at Police Station-Rajouri Garden, Delhi, and the proceedings emanating therefrom shall stand quashed.

9.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 30, 2020 ib