Nishant Sharma vs State & Anr.
2019 Latest Caselaw 5945 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 25.11.2019
+      CRL.M.C. 5972/2019
       NISHANT SHARMA
                                                               ..... Petitioner
                          Through:       Mr. Deepak Sharma, Mr. Rishabh
                                         Jain, Advocates

                          versus
       STATE & ANR.
                                                                ..... Respondent
                          Through:       Mr. Panna Lal Sharma, Additional
                                         Public Prosecutor for State with SI
                                         Yogesh Kumar, ASI Nagar Singh, PS
                                         Subzi Mandi, Delhi
                                         Mr. Deepak Mehar Singh, Advocate
                                         for respondent No.2
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 40971/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5972/2019

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

quashing FIR No. 117/2017 dated 19.05.2017, registered at PS - Subzi

Mandi and all other proceedings emanating therefrom.

4. Notice issued.

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

respondent no.2.

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 no. 2 has no objection if the present

petition is allowed.

8. Respondent No. 2 is personally present in Court with his learned

counsel and has been identified by SI Yogesh Kumar ASI Nagar Singh/IO.

IO has informed the court that the co-accused Dinesh Sharma has already

expired and copy of his death certificate has been annexed. Respondent

No.2 submits that matter has been settled and he does not wish to prosecute

the matter any further.

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

settlement vide settlement /compromise deed cum mou dated 06.11.2019 .

10. Learned counsel for the petitioner submits that the petitioner has

received the total settlement amount and prays that the present petition may

be quashed.

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

petitioners any further.

12. For the reasons afore-recorded, the FIR No. 117/2017 dated

19.05.2017, registered at PS - Subzi Mandi and consequent proceedings

emanating therefrom are quashed.

13. The petition is allowed accordingly.

14. Order dasti

(SURESH KUMAR KAIT) JUDGE NOVEMBER 25, 2019 pkb