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High Court of DelhiCRL.M.C./1262/2020

Rakesh Singh & ORS. v. State & ORS.

2020-03-05Hon'Ble Mr. Justice Rajnish Bhatnagar3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1262/2020 RAKESH SINGH & ORS ..... Petitioners Through:

Mr. Rakesh Sharma, Adv.

Petitioners in person.

versus STATE OF DELHI & ORS.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State.

ACP Sh. Rajender Singh with SI Vikash Yadav, P.S.Dwarka North.

Mr. Shivam Bajaj, Mr. Akash Tandon and Mr. Manish Chaubey, Advs. for R-2 and 3.

R-2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 05.03.2020 Crl. M.A.No. 4886/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 1262/2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.440/2014, under Sections 341/323/354/354 IPC read with 3(i) (ii)/3(x) SC/ST (POA) Act, 1995, registered at Police StationDwarka North, Delhi, and all proceedings emanating therefrom.

2.

Issue notice.

Learned APP for the State accepts notice.

Counsel for respondent No.2 and 3 appears and accepts notice. 3.

The brief facts of the case are that on the complaint of respondent No. 2 above said FIR was registered against the petitioners.

4.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably in terms of MOU dated 20.2.2020. Copy of the same is also placed on record. 5.

Respondent nos.2 and 3 are present in Court and identified by the IO.

The respondent Nos.2 and 3 submit that they have settled their disputes with the petitioners. They further submit that they have 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 petitioners 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.440/2014, under Sections 341/323/354/354 IPC read with 3(i) (ii)/3(x) SC/ST (POA) Act, 1995,

registered at Police Station-Dwarka North, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J MARCH 05, 2020/ib