Brijesh Kumar vs The State & Anr.
2019 Latest Caselaw 4366 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision:16.09.2019

+      CRL.M.C. 4633/2019
       BRIJESH KUMAR                                    ..... Petitioner
                    Through:          Mr. Mahipal Singh , Adv.
                         versus

       THE STATE & ANR.                                 ..... Respondents
                     Through:         Mr.Panna Lal Sharma, APP for State
                                      with SI Anoop Rana, PS - Bindapur
                                      and SI/IO Surendar Singh, PS -
                                      Dwarka, Sec. - 23

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.

447/2016 registered at Police Station - Binda Pur instituted for the offences

punishable under Sections 354B/506 IPC and consequent proceedings

arising therefrom.

2. Notice issued.

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

the respondent no.2.

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

taken up for final disposal.

5. 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.

6. Respondent No. 2 is personally present in the Court with her counsel

and she has been identified by SI Surendar Singh /IO and submits that

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

further.

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

settlement vide compromise deed dated 05.08.2019. The total settlement

amount is ₹70,000/-(Rupees Seventy Thousand only). Learned counsel

submits that the respondent No. 2 has already received an amount of

₹50,000/- (Rupees Fifty Thousand only). A demand draft bearing

No.001990 dated 07.09.2019 for the balance amount of ₹20,000/- (Rupees

Twenty Thousand) is handed over to the respondent No. 2 today in the

Court.

8. 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.

9. For the reasons afore-recorded, the FIR No. 447/2016 registered at

Police Station - Binda Pur instituted for the offences punishable under

Sections 354B/506 IPC and consequent proceedings therefrom are quashed.

10. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE

SEPTEMBER 16, 2019 PB