Kusum @ Monu & Ors. vs State Of Nct Of Delhi & Anr.
2019 Latest Caselaw 6140 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: November 29, 2019

+     W.P.(CRL) 2364/2019
      KUSUM @ MONU & ORS.                             ..... Petitioners
                 Through:            Mr. Rahul Sharma, Advocate

                         Versus

      STATE OF NCT, DELHI & ANR.           ..... Respondents
                    Through: Ms. Neelam Sharma, Additional
                              Public Prosecutor for State with SI
                              Yogendera Kumar

+     W.P.(CRL) 2367/2019

      GAURAV GANDHI & ORS.                 ..... Petitioners
                 Through: Mr. Rahul Sharma, Advocate


                         Versus


      STATE OF NCT, DELHI & ORS.              ..... Respondents
                    Through: Ms. Neelam Sharma, Additional
                              Public Prosecutor for State with SI
                              Yogendera Kumar


      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

In the above captioned first petition, quashing of FIR No.360/2019, under Sections 325/34 IPC and in the above captioned second petition, quashing of FIR No. 229/2019, under Sections 323/341/354/34 IPC, both registered at police station Hari Nagar, Delhi, is sought on the basis of Memorandum of Understanding of 27th July, 2019.

Notice.

Ms. Neelam Sharma, Additional Public Prosecutor for respondent/State accepts notice and submits that petitioners as well as complainants of FIR in question are present in the Court and they have been duly identified by Investigating Officer of these cases. Learned Additional Public Prosecutor for State informs this Court that Gaurav Gandhi (accused in FIR No.360/2019 and complainant of FIR No. 229/2019) is a habitual offender and one another case is also pending against him and if these FIRs are quashed, petitioners should be put to terms.

Learned counsel for petitioners in both the petitions submits that subject matter of these FIRs stand amicably resolved between the parties, which has no bearing on the other pending FIR case and therefore, the proceedings arising out of these FIRs be brought to an end.

Heard.

Since the subject matter of these FIRs stands mutually and amicably resolved between the parties, no useful purpose would be served in continuation of the proceedings arising therefrom.

In view of the above, subject to deposit of cost of Rs.25,000/- (in each petition) with the Delhi High Court Advocates Welfare Trust and placing on record receipt of deposit of cost within two weeks, FIR No.360/2019, under Sections 325/34 IPC and FIR No. 229/2019, under Sections 323/341/354/34 IPC, both registered at police station Hari Nagar, Delhi and proceedings emanating therefrom shall stand quashed.

The petitions stand disposed of accordingly.

(BRIJESH SETHI) JUDGE NOVEMBER 29, 2019 r