Sachin Tokas And Anr vs State And Anr
2020 Latest Caselaw 2412 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 13.08.2020

+       CRL.M.C. 1646/2020
        SACHIN TOKAS AND ANR                                 ..... Petitioners
                            Through      Ms. Yaashna Thakran, Adv.

                            versus


        STATE AND ANR                                      ..... Respondents
                    Through              Mr. Izhar Ahmad, APP for State
                                         SI Sanjay Kumar, Kishan Garh
                                         Mr. Rahul Raj Malik, Adv. for R-2
                                         with respondent no.2/complainant in
                                         person through VC


        CORAM:
        HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                            J U D G M E N T (ORAL)

CRL. M.A. 10828/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1646/2020

3. Vide the present petition, petitioner seeks direction as under:-

(a) quashing of FIR No. 321/2020 dated 26.06.2020, registered at Police

Station Kishan Garh, Delhi and all other proceedings arising

therefrom.

(b) Further seek directions to the Respondent no. 1 to release the vehicle

bearing number DL3SBT3121 to the Complainant/ Respondent no. 2;

(c) Further seek directions to release of the Petitioner No. 1(Sachin

Tokas) and Petitioner No. 2 (Suraj Sachin Saini ) from Tihar Jail,

Delhi

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for

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

petition is taken up for final disposal.

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

their disputes and respondent no. 2 has no objection if the present petition is

allowed.

7. Respondent No. 2 is personally present in Court through video

conferencing with learned counsel and he has been identified by SI Sanjay

Kumar/IO and submits that matter has been settled and he does not wish to

prosecute the matter any further.

8. Petitioners and respondent no.2 have amicably settled their disputes in

the presence of their families and well wishers.

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

FIR as no useful purpose would be served in prosecuting petitioners any

further.

10. For the reasons afore-recorded, FIR No. 321/2020 dated 26.06.2020,

registered at Police Station Kishan Garh, Delhi and consequent proceedings

emanating therefrom are quashed.

11. I hereby direct the Jail Superintendent concerned to release the

petitioners forthwith, if not required in any other case.

12. The petition is, accordingly, allowed and disposed of.

13. Copy of this order be sent to Jail Superintendent concerned and Trial

Court for information and necessary compliance.

14. The order be uploaded on the website forthwith. Copy of the order be

also forwarded to the learned counsel through email.

(SURESH KUMAR KAIT) JUDGE AUGUST 13, 2020 ms