Kapil Bhadana v. The State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1529/2016 KAPIL BHADANA ..... Petitioner Through:

Mr. Pawan Sharma, Advocate versus THE STATE & ANR ..... Respondent Through:

Ms. Mallika Parmar for Ms Richa Kapoor, ASC with SI Sajan Pal Singh Mr. Jaskaran Singh for R-2

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 20.09.2016 The present petition has been filed by the petitioner to seek the quashing of FIR No.305/2014 under Section 394/34 IPC registered at PS Fathepur Beri on the complaint of respondent no.2. The petition is premised on a settlement arrived at between the petitioner and the complainant on 29.02.2016, which has been placed on record. Respondent no.2 is also present in court and he is identified by the IO.

The submission of learned counsel for the petitioner is that the petitioner and the complainant are known to each other. The daughter from the family of the petitioner is married into the family of the complainant.

Learned counsel submits that there has been an overall settlement between the families of all the outstanding disputes. The complainant states that a settlement has been reached with the accused and, therefore, he also joins the prayer for quashing of the FIR in question.

A perusal of the FIR shows that there were no independent witnesses or eye witness to the incident. The incident allegedly took place at about 12:30 a.m. The investigation is still in progress. Thus, the proceedings are still at an initial stage. It is also stated that there are no other involvement of the petitioner.

In view of the aforesaid, no useful purpose would be served in keeping the FIR and the proceedings arising therefrom pending any further, since the complainant has settled the disputes with the accused out of his own will. Accordingly, the FIR and the proceedings are quashed. Petition stands disposed of.

VIPIN SANGHI, J SEPTEMBER 20, 2016 sr