Sarthak Mittal v. The State & ANR

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 890/2020 SARTHAK MITTAL ..... Petitioner Through:

Mr. Akshay Kumar, Advocate with petitioner in person.

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

Mr. M.S. Oberoi, APP for the State with Insp. L.N. Saini PS Paschim Vihar and SI Jitender PS KN Katju Marg.

Mr. A. Ahmed, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 18.02.2020 Crl. M.A.No. 3669/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 890/2020 1.

Issue notice.

Learned APP for the State accepts notice.

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.1364/2015, under Sections 325/341/34 IPC, registered at Police Station-K.N. Katju Marg, Outer District, Delhi, and all proceedings emanating therefrom.

3.

On the complaint of respondent No. 2 above said FIR was

registered against the petitioner on 30.12.2015. 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 30.01.2020. Copy of the order 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 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 one week 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.1364/2015, under Sections 325/341/34 IPC, registered at Police Station-K.N. Katju Marg, Outer District, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 18, 2020/AK