Manoj Saxena vs State & Ors.
2019 Latest Caselaw 5943 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 25.11.2019

+      CRL.M.C. 5986/2019
       MANOJ SAXENA                                      ..... Petitioner
                   Through:             Mr. Gaurav Mishra and Mr. Saurabh
                                        Balwani, Advs.
                          versus

       STATE & ORS                                         ..... Respondents
                          Through:      Mr. Panna Lal Sharma, APP for State
                                        with ASI Ramesh Chand/ IO and SI
                                        Shubhendu Sharma, PS - Sarojini
                                        Nagar
                                        R-2 and 3 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 41045/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5986/2019

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

quashing FIR No. 812/2014 dated 17.12.2014, registered at Police Station -

Sarojini Nagar and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State.

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

taken up for final disposal.

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

their disputes and the respondent nos. 2 and 3 have no objection if the

present petition is allowed.

8. Respondent Nos. 2 and 3 are personally present in Court and they

have been identified by ASI Ramesh Chand/IO and submits that matter has

been settled and they do not wish to prosecute the matter any further.

9. The petitioner and respondent nos.2 & 3 have entered into an

amicable settlement vide settlement deed dated 27.09.2019.

10. The total settlement amount is ₹1,25,000/-(Rupees One Lakh Twenty

Five Thousand). It is submitted that the respondent No. 2 has already

received an amount of ₹62,500/- (Rupees Sixty Two Thousand and Five

Hundred). A demand draft bearing No.217920 dated 18.11.2019 for the

balance amount of ₹62,500/- (Rupees Sixty Two Thousand and Five

Hundred) is handed over to the respondent Nos. 2 and 3 jointly today in the

Court.

11. Taking into account the aforesaid facts, this Court is inclined to

quash the concerned FIR as no useful purpose would be served in

prosecuting the petitioner any further.

12. For the reasons afore-recorded, the FIR No. 812/2014 dated

17.12.2014, registered at Police Station - Sarojini Nagar and all other

proceedings emanating therefrom are hereby quashed.

13. The petition is allowed accordingly.

14. Dasti.

(SURESH KUMAR KAIT) JUDGE

NOVEMBER 25, 2019 PB