Munish Tyagi & Others vs State Of Nct Of Delhi & Another
2008 Latest Caselaw 1494 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C.No.2615/2008

%                      Date of Decision: 29.08.2008

Munish Tyagi & Others                               .... Petitioners
              Through Dr. Vijendra Mahandiya, Advocate for
                      petitioners along with petitioners in person.

                                Versus

State of NCT of Delhi & Another                     .... Respondents
               Through Mr.Amit Sharma, APP for the State along with
                         SI Suresh Chand.
                         Respondent No.2 in person.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be               YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                  NO
3.   Whether the judgment should be reported in              NO
     the Digest?


ANIL KUMAR, J.

*

Crl.M.A.No.9659/2008

Allowed, subject to just exceptions.

The application is disposed of.

CRL.M.C.No.2615/2008

Issue notice to respondents. Mr.Sharma accepts notice on behalf

of State and Mr.Dinesh Tyagi, respondent No.2, who is present in

person, accepts notice. Learned counsel for the petitioners contends

that the disputes between the parties had been settled and the

settlement has been reduced into writing which is signed by the

petitioners and respondent No.2. Under the settlement respondent

No.2 has agreed not to press his complaint pursuant to which FIR

No.136/2007 dated 05.03.2007 under Sections 452/323/506/34 of

Indian Penal Code was registered at Police Station Narela. It is

contended that no useful purpose shall be served, in the facts and

circumstances, to continue with the proceedings of above-said FIR.

Let the statement of respondent No.2 be recorded.

Statement of respondent No.2 has been recorded who has been

identified by the counsel for petitioners. The respondent No.2 has

deposed that he does not wish to continue with the proceedings

pursuant to above-said FIR.

In the facts and circumstances, it is apparent that no useful

purpose shall be served in continuing with the proceedings pursuant to

FIR No.136/2007 dated 05.03.2007 under Sections 452/323/506/34 of

Indian Penal Code registered at Police Station Narela against the

petitioners. It shall also be in the interest of justice to quash the

above-said FIR and all the proceedings emanating therefrom. Learned

Additional Public Prosecutor, Mr.Sharma, has also no objection to

quashing of the said FIR and all the proceedings emanating therefrom.

In the totality of facts and circumstances, FIR No.136/2007 dated

05.03.2007 under Sections 452/323/506/34 of Indian Penal Code

registered at Police Station Narela and all the proceedings emanating

therefrom against the petitioners are quashed.

The petition is disposed of.

Dasti.

August 29, 2008                                   ANIL KUMAR, J.
'Dev'