Palash Agarwal vs State & Anr
2020 Latest Caselaw 255 Del

$~23
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 15.01.2020

+      CRL.M.C. 4303/2017 with CRL.M.A. 17974/2017
       PALASH AGARWAL                                  ..... Petitioner
                   Through:          Mr. Siddharth Bhatti and Mr. Harsh
                                     K., Advs.
                         versus

       STATE & ANR                                      ..... Respondents
                         Through:    Mr. Panna Lal Sharma, APP for State
                                     with SI Arvind Kumar, PS - Anand
                                     Vihar
                                     Advocate (appearance not given) for
                                     R-2 with R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No. 410/2017 dated 23.08.2017 registered at Police Station -

Anand Vihar and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by 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 Court with her counsel. For

her identification, she has shown her PAN Card. Original of her PAN Card

bearing No. BWVPA7389C is seen and returned. She 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 settlement deed dated 21.11.2016. A cheque bearing No.

670578 dated 15.01.2020 drawn on Canara Bank, Delhi Bhogal Lane

Branch, New Delhi for an amount of ₹5 lakhs has been handed over to the

respondent no. 2 today in the Court. It is made clear that if the aforesaid

cheque is not clear, the petitioner shall be liable to pay an amount of

₹50,000/- in favour of respondent no. 2.

8. Learned counsel for the petitioner prays that the present petition may

be allowed.

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

the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

10. For the reasons afore-recorded, the FIR No. 410/2017 dated

23.08.2017 registered at Police Station - Anand Vihar and all other

proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly. Pending

application also stands disposed of.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 15, 2020 PB