Ms K Sharada vs State & Anr.
2019 Latest Caselaw 5453 Del

$~55
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 06.11.2019

+      CRL.REV.P. 637/2017 & CRL.M.A. 13989/2017 (stay)
       MS K SHARADA                                        ..... Petitioner
                            Through      Mr. Ashok Agrawaal & Ms. Devyani
                                         Bhatt, Advs.

                            versus

       STATE & ANR.                                         ..... Respondents
                            Through      Mr. Nitsh Kumar Singh & Mr. Chirag
                                         Tuteja, Advs. for R-2 with R-2 in
                                         person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                            J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks direction thereby

quashing the impugned order dated 01.07.2017 in Complaint

No.56779/2016, passed by the Court of Sh. Jagdish Kumar, Special Judge

and Additional Sessions Judge (West-02), Tis Hazari Court, Delhi and the

charge framed against the petitioner vide proceedings dated 12.07.2017 and

discharge the petitioner.

2. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

3. The present petition is filed on the ground that the parties have settled

their disputes and the respondent No.2 has no objection if the present

petition is allowed.

4. Respondent No.2 is personally present in Court with learned counsel

and has produced his Election Card issued by the Election Commissioner of

India vide No.BVK0906594 dated 22.12.2005. The original is seen and

returned back to the complainant/ respondent no.2. He has been identified by

SI Dev Kumar, PS Janak Puri/IO and submits that matter has been settled

and he does not wish to prosecute the matter any further.

5. The petitioner and respondent no.2 have entered into an amicable

settlement vide Memorandum of Settlement dated 08.04.2019.

6. For the reasons afore-recorded, the impugned order dated 01.07.2017

in Complaint No.56779/2016, passed by the Court of Sh. Jagdish Kumar,

Special Judge and Additional Sessions Judge (West-02), Tis Hazari Court,

Delhi and the charge framed against the petitioner vide proceedings dated

12.07.2017, are hereby quashed and the petitioner shall be discharged

accordingly.

7. The petition is allowed accordingly.

8. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 06, 2019 sm