Sachin Tokas And ANR v. State And ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13.08.2020 + SACHIN TOKAS AND ANR ..... Petitioners Through Ms. Yaashna Thakran, Adv.

versus STATE AND ANR ..... Respondents Through Mr. Izhar Ahmad, APP for State SI Sanjay Kumar, Kishan Garh Mr. Rahul Raj Malik, Adv. for R-2 with respondent no.2/complainant in person through VC

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) CRL. M.A. 10828/2020 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

3.

Vide the present petition, petitioner seeks direction as under:- (a) quashing of FIR No. 321/2020 dated 26.06.2020, registered at Police Station Kishan Garh, Delhi and all other proceedings arising

therefrom.

(b) Further seek directions to the Respondent no. 1 to release the vehicle bearing number DL3SBT3121 to the Complainant/ Respondent no. 2; (c) Further seek directions to release of the Petitioner No. 1(Sachin Tokas) and Petitioner No. 2 (Suraj Sachin Saini ) from Tihar Jail, Delhi 4.

Notice issued.

5.

Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

6.

The present petition is filed on the ground that parties have settled their disputes and respondent no. 2 has no objection if the present petition is allowed.

7.

Respondent No. 2 is personally present in Court through video conferencing with learned counsel and he has been identified by SI Sanjay Kumar/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

8.

Petitioners and respondent no.2 have amicably settled their disputes in the presence of their families and well wishers.

9.

Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

10.

For the reasons afore-recorded, FIR No. 321/2020 dated 26.06.2020, registered at Police Station Kishan Garh, Delhi and consequent proceedings emanating therefrom are quashed.

11.

I hereby direct the Jail Superintendent concerned to release the petitioners forthwith, if not required in any other case. 12.

The petition is, accordingly, allowed and disposed of. 13.

Copy of this order be sent to Jail Superintendent concerned and Trial Court for information and necessary compliance. 14.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email. (SURESH KUMAR KAIT) JUDGE AUGUST 13, 2020 ms