Ritesh vs State & Anr
2019 Latest Caselaw 5190 Del

$~66
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 23.10.2019
+      CRL.M.C. 5490/2019
       RITESH                                        ..... Petitioner
                          Through:       Adv. (appearance not given)

                          versus

       STATE & ANR                                   ..... Respondent
                          Through:       Mr. Izhar Ahmed, APP for State
                                         ASI Chanda Singh, PS Najafgarh


       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 39070/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5490/2019

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

quashing FIR No. 0185/2016 dated 05.04.2016, registered at PS Najafgarh,

the offences punishable under Sections 288/337 IPC and all other

proceedings emanating therefrom.

4. Learned APP has raised issue on locus of the petitioner. Whereas the

owner of the property in question is father of the petitioner and one co-

accused Chotte Lal contractor is also accused in the present case, however,

the present petition is filed only on behalf of Ritesh to quash the FIR and the

emanating proceedings thereof.

5. Learned counsel for the petitioner submits that petitioner used to

appear in other matters and settled the matter on behalf of his father.

6. In view of above, notice issued.

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

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

taken up for final disposal.

9. 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.

10. Respondent no.2 is present in Court with learned counsel and he has

been identified by SI Chanda Singh /IO and submits that matter has been

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

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

settlement out of the Court.

12. Learned counsel for the petitioner submits that the respondent has

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

be quashed.

13. 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.

14. For the reasons afore-recorded, the FIR No. 0185/2016 dated

05.04.2016, registered at PS Najafgarh registered for the offences

punishable under Sections 288/337 IPC of the IPC and consequent

proceedings emanating therefrom are quashed.

15. The petition is allowed accordingly.

16. Order dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 23, 2019 ms