Pratyush Sinha vs State & Anr.
2019 Latest Caselaw 5187 Del

$~54
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 23.10.2019

+      CRL.M.C. 5467/2019
       PRATYUSH SINHA                                       ..... Petitioner
                    Through:            Mr. R.S. Lathwal, Adv. with
                                        petitioner in person
                          versus

       STATE & ANR.                                         ..... Respondents
                          Through:      Mr.Tarang Shrivastava, APP for State
                                        with Inspector Mukesh Wali, SHO
                                        and SI Prity Bala, PS - Hazrat
                                        Nizamuddin
                                        Mr. Radhika Prasad Tiwari, Adv. for
                                        complainant

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 38994/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5467/2019

3. Notice.

4. Learned APP accepts notice and seeks time to file the status report.

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

quashing of proceedings against him in FIR No. 9/2017 registered at Police

Station - Hazrat Nizamuddin and all other proceedings emanating

therefrom.

6. Notice issued.

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

respondent no.2.

8. Learned APP has opposed the present petition by stating that out of

seven accused, only one - Smt. Asha Sharma has already been discharged,

thus, petitioner and respondent No. 2 seeks quashing in piecemeal.

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

settlement vide compromise deed dated 18.10.2019.

10. The respondent No. 2, however, has no objection to quash the

proceedings qua the petitioner only relating to FIR No. 9/2017 are quashed.

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

taken up for final disposal.

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

their disputes.

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

- Mr. Radhika Prasad Tiwari and has been identified by SI Prity Bala/IO

and submits that matter has been settled and she does not wish to prosecute

the matter any further.

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

the proceedings against the petitioner in the concerned FIR as no useful

purpose would be served in prosecuting the petitioner any further.

15. For the reasons afore-recorded, the proceedings qua the petitioner in

FIR No. 9/2017 registered at Police Station - Hazrat Nizamuddin and

consequent proceedings therefrom are hereby quashed.

16. The petition is allowed accordingly.

17. Dasti.

(SURESH KUMAR KAIT) JUDGE

OCTOBER 23, 2019 PB