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High Court of DelhiCRL.M.C./773/2020

Shri Vineet Kumar & ORS. v. State & ANR.

2020-02-12Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 773/2020 SHRI VINEET KUMAR & ORS.

..... Petitioners Through:

Mr. Yogesh Rathi, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms. Rajni Gupta, APP for the State with ASI Anita PS Najafgarh.

Ms. Geeta Bhandrari, Advocate for R2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 12.02.2020 Crl. M.A.No. 3172/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 773/2020 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.180/2018, under Sections 354/323 IPC, registered at Police Station-Najafgarh, District Dwarka, 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 10.07.2018.

4.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Settlement Deed dated 06.09.2019. Copy of the settlement deed 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 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 ₹5,000/- to be deposited by the petitioners with Delhi State Legal Services Authority 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.180/2018, under Sections 354/323 IPC, registered at Police Station-Najafgarh, District Dwarka, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 12, 2020/AK