High Court of DelhiW.P.(CRL)/2320/2019

Abhimanyu Shah & ANR. v. State & ANR.

2019-09-13Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2320/2019 and CRL.M.A. 35413/2019 ABHIMANYU SHAH & ANR.

..... Petitioners Through Mr. Saroj Kumar Jha, Advocate alongwith petitioners in person versus STATE & ANR.

..... Respondents Through Mr. R.S. Kundu, ASC for Ms. Kamna Vohra, ASC for the State with ASI Bal Kishan, P.S.: New Ashok Nagar Mr. Vipin Kumar and Mr. Satish Kumar, Advocates alongwith respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 13.09.2019 The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 1253/2015, under Sections 454/380/34 of Indian Penal Code, 1860, registered at Police Station- New Ashok Nagar and the proceedings emanating therefrom. The Investigating Officer, who is present in the Court, has identified the petitioners as well as respondent no.2 and has also verified the settlement deed and death of deceased Prabhu Narayan Shah/father of the petitioner no.1.

The petitioners and respondent no.2 as well as their respective counsels submit that the parties have amicably settled their disputes vide

settlement deed dated 25.10.2018. The copy of the same has been placed on record.

The petitioner no.1 has to pay a sum of Rs. 63 lakhs to the respondent no.2. Out of which, respondent no.2 has received a sum of Rs.3.25 lakhs at the time of passing of first motion petition on 27.10.2018. Rest of the amount of Rs. 57 lakhs will be paid at the time of second motion. Thereafter, Rs. 3 lakhs will be paid at the time of quashing of FIR No. 1254/2015 under Sections 498A/406/34 IPC.

Respondent no.2 reiterates the aforesaid facts and submits that she has no objection if the FIR in question is quashed and the petition is allowed. In view of the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 1253/2015, under Sections 454/380/34 of the IPC, registered at Police Station- New Ashok Nagar and the proceedings emanating therefrom are quashed.

Petition is disposed of accordingly.

BRIJESH SETHI, J SEPTEMBER 13, 2019 savita