Shri Vijender @ Hari Om & Ors. vs State & Anr.
2020 Latest Caselaw 520 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 27.01.2020

+      CRL.M.C. 419/2020
       SHRI VIJENDER @ HARI OM & ORS.                      ..... Petitioners
                          Through      Mr.Mahmood Hasan, Adv.

                          versus

       STATE & ANR.                                      ..... Respondents
                          Through      Mr.Amit Chadha, APP for State.
                                       ASI Om Prakash PS Tamur Pur.
                                       Respondent no.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. 274/2018 dated 03.12.2018, registered at Police Station

-Timarpur, and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and 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 and has been

identified by ASI Om Prakash/IO and submits that matter has been settled

and he does not wish to prosecute the matter any further.

7. The petitioner and respondent no.2 have entered into an amicable

settlement vide compromise deed dated 19.12.2019.

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

be allowed.

9. Learned APP has opposed the present petition and submits that the

complainant/respondent no.2 was illegally encroached upon by the petitioner

and she got an amount of Rs.12,50,000/- if this court is inclined to quash the

present FIR, heavy cost may be imposed upon the petitioners.

10. Learned counsel appearing on behalf of the petitioner, on instructions,

from the petitioners who are present in court submits that petitioner nos.1, 3,

4, 5 & 6 are ready to pay an amount of Rs.50,000/- each in addition to the

payment already made to respondent no.2.

11. Accordingly, petitioners mentioned above shall pay an amount of

Rs.50,000/- each in favour of respondent no.2/complainant in the form of

DD within four weeks from today and receipt of the same shall be furnished

to the IO/SHO concerned.

12. 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.

13. For the reasons afore-recorded, the FIR No. 274/2018 dated

03.12.2018, registered at Police Station-Timarpur, and consequent

proceedings therefrom are quashed.

14. The petition is allowed and disposed of accordingly.

15. Order dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 27, 2020 ab