Rakesh Mishra v. State & ANR

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 475/2020 RAKESH MISHRA ..... Petitioner Through:

Mr.

Ankit Jalal, Advocate with petitioner in person.

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

Mr. Amit Ahlawat, APP for the State with IO in person.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 29.01.2020 Crl. M.A. No. 1990/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

Crl. M.A. No.1991/2020 (for delay) For the reasons stated in the application, the delay of 45 days in re-filing the petition is condoned.

The application stands disposed of.

CRL.M.C. 475/2020 1.

Issue notice.

Learned counsel for the State, who appears on advance notice, accepts notice. Respondent No.2 appears and accepts notice.

2.

This is a petition under Article 226 of the Constitution of India

read with Section 482 Cr.P.C. for quashing of FIR No. 519/2016, under Sections 354/354-A IPC registered at Police Station-Karol Bagh, District Central Delhi, Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that on the complaint of respondent No. 2 above said FIR was registered against the petitioner on 25.09.2016.

4.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Compromise Deed dated 07.11.2019. Copy of the compromise deed 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 she has settled her disputes with the petitioner. She further submits that she 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 payment of costs of ₹50,000/- 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. 519/2016, under Sections 354/354-A IPC registered at Police Station-Karol Bagh, District Central Delhi, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 29, 2020 AK