Sh. Kishor Jaiswal vs State & Ors.
2020 Latest Caselaw 610 Del

$~52
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 29.01.2020

+      CRL.M.C. 497/2020
       SH. KISHOR JAISWAL                                 ..... Petitioner
                      Through:          Mr. Virendra Singh, Adv.

                          versus

       STATE & ORS.                                        ..... Respondents
                          Through:      Mr. Hirein Sharma, APP for State
                                        with SI Mahipal Singh/IO, Inspector
                                        Ram Pal Singh, PS - Prasad Nagar
                                        Mohammad Suaib, Adv. for R-2 & 3
                                        with R-2 and 3 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 2052/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 497/2020

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

quashing FIR No. 245/2018 dated 04.09.2018 registered at Police Station -

Prasad Nagar, Delhi and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent nos.2 and 3.

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 and 3 have no objection if the

present petition is allowed.

8. Respondent No. 2 and 3 are personally present in Court and they have

been identified by SI - Mahipal Singh/IO and submits that matter has been

settled and they do not wish to prosecute the matter any further.

9. The petitioner and respondent nos. 2 & 3 have entered into an

amicable settlement vide settlement deed dated 10.09.2018. The total

settlement amount is ₹5,00,000/-(Rupees Five Lakhs). It is submitted that

the respondent no. 2 has already received an amount of ₹2,35,000/- (Rupees

Two Lakhs Thirty Five Thousand). A demand draft bearing No. 775231

dated 28.01.2020 for the amount of ₹2,50,000/- (Rupees Two Lakh Fifty

Thousand) and Rs.15,000/- (Rupees Fifteen Thousand) have been handed

over to the respondent no. 2 today in the Court.

10. Respondent no. 2, father of the deceased, has undertaken to deposit an

amount of Rs.1,50,000/- in the account of his wife, namely, Ram Pari Devi

within two weeks and proof of the same shall be sent by post to SHO, Police

Station - Prasad Nagar.

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

be allowed.

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 petitioner

any further.

13. For the reasons afore-recorded, the FIR No. FIR No. 245/2018 dated

04.09.2018 registered at Police Station - Prasad Nagar, Delhi and

consequent proceedings therefrom are quashed.

14. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 29, 2020 PB