South Asia Human Rights ... vs State & Anr
2019 Latest Caselaw 4161 Del

$~58
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 05.09.2019

+      CRL.M.C. 4456/2019
       SOUTH ASIA HUMAN RIGHTS DOCUMENTATION CENTRE
       PVT. LTD. & ANR                                     ..... Petitioners
                          Through       Mr.Ashok Agarwal, Adv. with
                                        Mr.Devyani Bhatt, Adv.

                          versus

       STATE & ANR                                        ..... Respondents
                          Through       Mr.M.S. Oberoi, APP for State.
                                        SI
                                        Mr.Nitesh Kumar Singh, Adv. with
                                        Mr.Chirag Tuteja, Adv. for R-2.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 35174-75/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 4456/2019

3. Vide the present petition, the petitioners seek quashing of the order on

charge dated 03.08.2018 as well as the charge dated 14.11.2018 against the

Petitioner no.l under section 406/120B IPC and against Petitioner no.2 under

section 406/477A/120B IPC.

4. Further seek quashing of the proceedings in Complaint Case No.

101/1 at Police Station Sarojini Nagar pending before Ms. Vijeta Singh

Rawat, Ld. MM, (South), Saket Court, Delhi.

5. Notice issued.

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

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

7. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before Mediation

Centre, Saket Courts, New Delhi vide MOU dated 21.05.2019 and settled all

their disputes amicably.

8. The complainant/respondent no.2 is present in person with her

counsel and submits that matter has been settled and he does not wish to

prosecute the matter any further.

9. Though the present petition is filed on behalf of one accused out of

two, however, counsel for respondent no.2, on instructions, submits that he

has no objection if the present petition is allowed even against accused no.2.

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

petitioners any further.

11. For the reasons afore-recorded, the order on charge dated 03.08.2018

as well as the charge dated 14.11.2018 against the Petitioner no.l under

section 406/120B IPC and against Petitioner no.2 under section

406/477A/120B IPC and proceedings in Complaint Case No. 101/1 at Police

Station Sarojini Nagar pending before Ms. Vijeta Singh Rawat, Ld. MM,

(South), Saket Court, Delhi, are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 05, 2019 ab