Ashish vs The State (Govt. Of Nct Of Delhi) & ...
2019 Latest Caselaw 6313 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: December 06, 2019
+      W.P.(CRL) 2789/2019
       ASHISH                                     ..... Petitioner
                         Through      Mr. Durgesh Pal, Advocate
                                      alongwith petitioner in person


                         Versus

       THE STATE (GOVT. OF NCT OF DELHI) & ORS
                                            ..... Respondents
                     Through   Ms. Jyoti Babbar, Advocate for
                               Mr. Rajesh Mahajan, ASC for the
                               State with SI Mohit, P.S.: Mayur
                               Vihar
                               Mr. Manoj Kumar, Advocate for
                               Respondent no.2 alongwith
                               respondent no.2 in person

CORAM:

       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 269/2019, under section 308 of the Indian Penal Code, 1860 ('IPC'), registered at

P.S.: Mayur Vihar Phase-I. Delhi and the proceedings emanating therefrom.

The petitioner and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion. Respondent no.2 stated that the does not want to pursue the matter.

Respondent no.2, who are present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.

The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.

In view of the above 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. 269/2019, under section 308 of the IPC, registered at P.S.: Mayur Vihar Phase-I and the proceedings emanating therefrom are quashed, subject to deposit of 100 plants of Pomegranate (Anar) by the petitioner with the Dy. Director, Horticulture, D-2/85, Pandara Road Nursery, New Delhi.

Parties are directed to file compliance report within a period of two weeks before the Registrar General, failing which cost of Rs. 20,000/- shall be deposited with the Delhi High Court Legal Services Committee.

Petition is disposed of accordingly.

Copy of this order be given dasti, as prayed.

(BRIJESH SETHI) JUDGE DECEMBER 06, 2019 savita