Sh. Jatinder Kumar Monga & Anr. vs State & Ors.
2020 Latest Caselaw 1072 Del

$~55
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 17.02.2020

+      CRL.M.C. 873/2020
       SH. JATINDER KUMAR MONGA & ANR.                      .... Petitioners
                          Through       Mr.Joginder Sukhija and Mr.Naveen
                                        Kumar Chauhan, Advs. with
                                        petitioners in person
                          versus

       STATE & ORS.                                       .... Respondents
                          Through       Mr.Amit Chadha, APP for State with
                                        SI Manisha Preet Vihar
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A.3564/2020 (for exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 873/2020

1. Vide the present petition, petitioners seek direction thereby for

quashing of FIR No. 210/2018 dated 03.11.2018, registered at PS Preet

Vihar, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and respondent no.2 on

her behalf as well as on behalf of respondent Nos.3 and 4 and with the

consent of counsel for parties, the present petition is taken up for final

disposal.

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

their disputes and respondent Nos. 2, 3 & 4 have no objection if the present

petition is allowed.

5. Respondent No. 2 is personally present in Court and she has been

identified by SI Manisha (IO) and submits that matter has been settled and

she does not wish to prosecute the matter any further.

6. Petitioners and respondent no.2 have entered into an amicable

settlement vide a Memorandum of Understanding dated 5.11.2018.

7. Learned APP has opposed the present petition by stating that in

addition to machinery came into motion due to this case, however,

compensation amount paid to legal heirs of the deceased is very less.

8. Learned counsel for petitioners, on instructions from petitioners who

are personally present in Court, submits that in addition to settlement

amount petitioner No.1 is ready to pay an amount of Rs.2 lacs and petitioner

No.2 is ready to pay an amount of Rs.3 lacs.

9. Accordingly, petitioner No.1 is directed to pay an amount of Rs.2 lacs

by way of an FDR in favour of Baby Anu Kumari and petitioner No.2 is

directed to pay an amount of Rs.3 lacs by way of an FDR in favour of Baby

Arti Kumari within two weeks. Receipt of same shall be furnished to I.O. of

the case.

10. 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.

11. For the reasons afore-recorded, FIR No. 210/2018 dated 03.11.2018,

registered at PS Preet Vihar, Delhi and consequent proceedings emanating

therefrom are hereby quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 17, 2020/rk