Ishan Chopra vs State & Anr
2019 Latest Caselaw 4762 Del

$~34
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:01.10.2019
+      CRL.M.C. 5023/2019
       ISHAN CHOPRA                                    ..... Petitioner
                          Through:      Mr. Vinit Trehan and Mr. Apar
                                        Chopra, Advs. with petitioner in
                                        person
                          versus

       STATE & ANR                                        ..... Respondents
                          Through:      Mr.Tarang Srivastava, APP for State.
                                        Inspector Usha Sharma, SI Naveen
                                        (IO), PS - North Rohini
                                        Mr. Sanjay Goel and Mr. Nitin
                                        Kumar, Advs. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 37413/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

CRL.M.C. 5023/2019

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

quashing FIR No. 164/2016 dated 11.03.2016, registered at Police Station -

North Rohini 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 learned counsel

and she has been identified by SI Naveen/IO and submits that matter has

been settled and she does not wish to prosecute the matter any further.

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

settlement vide settlement deed dated 07.08.2019. The total settlement

amount is ₹2,00,000/-(Rupees Two Lakhs). It is submitted that the

respondent no.2 has already received an amount of ₹1,00,000/- (Rupees One

Lakh). A demand draft bearing No.882594 dated 27.09.2019 for the balance

amount of ₹1,00,000/- (Rupees One Lakh) is handed over to the respondent

no.2 today in the Court.

10. 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.

11. For the reasons afore-recorded, the FIR No. 164/2016 dated

11.03.2016, registered at Police Station - North Rohini and all other

proceedings emanating therefrom are hereby quashed.

12. The petition is allowed accordingly.

13. I hereby make it clear that the present petition has been quashed

without any prejudice to the rights and contentions of the complainant in

MACT Claim case, which is pending adjudication.

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

(SURESH KUMAR KAIT) JUDGE

OCTOBER 01, 2019 PB