Delhi High Court
Sh. Paras Kumar & Ors. vs State & Ors. on 21 January, 2020
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.01.2020.
+ CRL.M.C. 291/2020
SH. PARAS KUMAR & ORS. ..... Petitioners
Through Mr. Anjum Kumar, Mr. Nariman
Thakkar and Mr. Vivek Malhotra,
Advs.
Petitioners are in person
versus
STATE & ORS. ..... Respondents
Through Mr. Izhar Ahmed, APP for State
SI Sunil Kumar, P.S. K. Puram
Respondent nos. 2 to 5 are present in
person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL.M.A. 1237/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 291/2020
3. Vide the present petition, the petitioners seek direction thereby
quashing of FIR No. 170 dated 22.05.2019, registered at Police Station
Keshav Puram and all other proceedings emanating therefrom.
4. Notice issued.
5. Notice is accepted by learned APP.
6. With the consent of the counsel for the parties, the present petition is
taken up for final disposal.
7. The present petition is filed on the ground that the parties have settled
their disputes and the respondent nos. 2 to 5 have no objection if the present
petition is allowed.
8. Respondent nos. 2 to 5 are personally present in Court and they have
been identified by SI Sunil Kumar/IO and submits that matter has been
settled and they do not wish to prosecute the matter any further.
9. The petitioners and respondent nos. 2 to 5 have entered into an
amicable settlement vide memorandum of settlement dated 11.07.2019.
10. Learned counsel for petitioners have handed over DD No. 171475
dated 20.01.2020 for an amount of ₹2,50,000/- (Rupees Two Lakh Fifty
thousand Only) to respondent no.2, DD No. 171476 dated 20.01.2020 for an
amount of ₹1,50,000/- (Rupees One Lakh Fifty Thousand Only) to
respondent no.3, DD No. 171477 dated 20.01.2020 for an amount of
₹2,00,000/- (Rupees Two Lakh Only) to respondent no.4 and DD No.
171474 dated 20.01.2020 for an amount of ₹1,50,000/- (Rupees One Lakh
Fifty thousand Only) to respondent no.5 today in court who are all present in
Court.
11. Learned APP appearing on behalf of State has opposed the present
application and submits that two precious young life, aged about 30 years
and 35 years, have been lost in the incident. Respondent no.2 and respondent
no.4 are the widows of deceased persons. They belong to poor strata of the
family and they have no source of income and have two minor children.
However, he submits that if this Court is inclined to quash the FIR, the
compensation amount may be increased.
12. Learned counsel appearing on behalf of petitioners on instructions
from the petitioners who are present in Court has agreed to pay an amount of
₹5 lacs each in the name of respondent no.2 and respondent no.4 who are the
widows of late Sh. Bahabal Khan and late Sh. Mobeen Khan respectively.
13. In view of the settlement arrived at between the parties, I hereby
quash the FIR with emanating proceedings thereto.
14. Accordingly, the petitioners are directed to pay an amount of ₹5 lacs
each in favour of respondent no.2 and respondent no.4, widows of deceased
within one week from today.
15. The receipt of the same shall be furnished by the petitioners to the IO
concerned.
16. Taking into account the aforesaid facts, this Court is inclined to quash
the FIR as no useful purpose would be served in prosecuting the petitioners
any further.
17. For the reasons afore-recorded, the FIR No. 170 dated 22.05.2019,
registered at Police Station Keshav Puram and consequent proceedings
therefrom are quashed.
18. The petition is allowed and disposed of accordingly.
19. Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 21, 2020
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