Himanshu v. State & ANR

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6321/2019 HIMANSHU ..... Petitioner Through:

Mr. Dalip Mishra and Mr. Sharad Amrohi, Advs.

Petitioner in person.

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

Ms. Rajni Gupta, APP for the State with SI Bhura Singh, P.S.Karol Bagh.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 20.01.2020 1.

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.259/2018, under Sections 452/506/323/34 IPC, registered at Police Station-Karol Bagh, Delhi, and all proceedings emanating therefrom.

2.

The brief facts of the case are that on the complaint of respondent No. 2 above said FIR was registered against the petitioner. 3.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of MOU dated 25.7.2019. Copy of the same is also placed on record. 4.

Respondent no.2 is present in Court and 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.

5.

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.

6.

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 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.259/2018, under Sections 452/506/323/34 IPC, registered at Police Station-Karol Bagh, Delhi, and the proceedings emanating therefrom shall stand quashed. 7.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 20, 2020/ib