Delhi High Court
Shanky Thakur & Anr vs State Of Nct Of Delhi on 26 August, 2020
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 26th August, 2020
+ CRL.M.C. 1705/2020
SHANKY THAKUR & ANR .... Petitioners
Through Mr. Kuldeep Rai and Mr.Ashraf Ali,
Advs.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for the State
with SI Dheer Singh, PS Farsh Bazar
Mr. Varun Mishra, Adv. for
respondent No.2 with respondent
No.2 in person through video
conferencing
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A.11589/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1705/2020
3. Vide the present petition, petitioners seek direction thereby for
quashing of FIR No.0220/2020 dated 11.05.2020, registered at PS - Farsh
Bazar, Delhi and all other proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and by the learned counsel
for the 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 his counsel and he has been identified by SI Dheer
Singh/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 entered into an amicable
settlement vide MoU/Compromise Deed dated 13.08.2020.
9. Learned APP for the State has opposed the present petition by stating
that the petitioners caused stab injury to the injured who remained in the
hospital for 10 days and if this Court is inclined to allow the present petition
and quash the aforesaid FIR, heavy costs may be imposed upon the
petitioners.
10. Though I find force in the submission of the learned APP, however,
keeping in view the financial status of the petitioners, I hereby refrain from
imposing the cost.
11. Taking into account the aforesaid facts as well as the settlement arrived
at between the parties, this Court is inclined to quash FIR as no useful purpose
would be served in prosecuting petitioners any further.
12. For the reasons afore-recorded, FIR No.0220/2020 dated 11.05.2020,
registered at PS - Farsh Bazar, Delhi and consequent proceedings emanating
therefrom are quashed qua the petitioners.
13. Since the aforesaid FIR is quashed, the Jail Superintendent concerned
is directed to release the petitioner No.2 forthwith, if not required in any other
case.
14. The petition is, accordingly, allowed and disposed of.
15. Copy of this order be transmitted to Jail Superintendent concerned for
necessary compliance.
16. 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 26, 2020/rk
