Delhi High Court
Umesh Kumar vs The State & Anr on 28 January, 2020
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28.01.2020
+ CRL.M.C. 468/2020
UMESH KUMAR ..... Petitioner
Through: Ms. Sunieta Ojha, Adv.
versus
THE STATE & ANR ..... Respondents
Through: Mr. Izhar Ahmed, APP for State with
Inspector Ram Niwas, SHO - Dwarka
South
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 1943/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 468/2020
3. Vide the present petition, the petitioner seeks direction thereby
quashing FIR No. 620/2015 dated 10.08.2015 registered at Police Station -
Dwarka South, New Delhi and all other proceedings emanating therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for the State.
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 no. 2 has no objection if the present
petition is allowed.
8. Respondent No. 2 is personally present in Court and she has been
identified by Inspector Ram Niwas/IO and submits that matter has been
settled and she does not wish to prosecute the matter any further.
9. The petitioner and respondent no.2 have entered into an amicable
settlement vide memorandum of understanding/settlement dated 24.01.2020.
10. Learned counsel for the petitioner prays that the present petition may
be allowed.
11. Learned APP has opposed the present petition and submits that the
petitioner is an Advocate by provision and he has cheated the respondent
No. 2/ complainant, therefore, if this Court is inclined to quash the FIR,
heavy costs may be imposed upon the petitioner.
12. As per the settlement, the total amount which is to be paid by the
petitioner towards settlement is Rs.5,50,000/- against an amount of
Rs.5,36,000/- received from the respondent No. 2/ complainant in the year
2015. In the year 2020, the respondent No. 2 is receiving an amount of
Rs.5,50,000/-.
13. Learned counsel for petitioner, on instructions from the petitioner,
who is present in Court, has come forward and submits that the petitioner is
ready to give an amount of Rs.1,60,000/- towards the interest in lumpsum to
the respondent No. 2.
14. 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.
15. Two demand drafts bearing Nos. 649066 dated 30.11.2019 for
Rs.5,00,000/- and 649263 dated 23.01.2020 for Rs.50,000/-, both drawn on
State Bank of India have been handed over to respondent no. 2 today in
Court.
16. It is made clear that an amount of Rs.1,60,000/- shall be paid within
one week from today by way of demand draft and receipt of the same shall
be furnished to the investigating officer.
17. Keeping in view the settlement arrived at between the parties, the FIR
No. 620/2015 dated 10.08.2015 registered at Police Station - Dwarka South,
New Delhi and consequent proceedings therefrom are quashed.
18. The petition is allowed accordingly.
Dasti.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 28, 2020
PB
