Jitendra Kumar And Another vs State
2020 Latest Caselaw 686 Del

$~49
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 31.01.2020

+      CRL.M.C. 539/2020
       JITENDRA KUMAR AND ANOTHER                           ..... Petitioners
                          Through       Mr.Ajay K. Singh, Adv.

                          versus

       STATE                                               ..... Respondent
                          Through       Mr. Izhar Ahmed, APP for State.
                                        SI Avdhesh Kamal, PS Geeta Colony.
                                        Mr.Abhishek Gupta, Adv. 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)

CRL. M.A. 2253/2020

1. In view of the reasons stated in the present application, the delay of 20

days in re-filing the petition is condoned.

2. Application is allowed and disposed of.

CRL.M.C.539/2020

3. Vide the present petition, the petitioners seek direction thereby

quashing FIR No. 158/2016 dated 19.03.2016, registered at Police Station

- Farsh Bazar and all other proceedings emanating therefrom.

4. Notice issued.

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

respondent no.2.

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. Complainant/Respondent No.2 is personally present in Court with

learned counsel and she has been identified by SI Avdhesh/IO and submits

that matter has been settled and she does not wish to prosecute the matter

any further.

9. The petitioners and respondent no.2 have entered into an amicable

settlement before Counselling Cell, Principle Judge, Family Court,

Karkardooma Courts, Delhi, vide settlement deed dated 05.01.2018.

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

be allowed.

11. 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.

12. For the reasons afore-recorded, the FIR No. 158/2016 dated

19.03.2016, registered at Police Station - Farsh Bazar and consequent

proceedings therefrom are quashed.

13. The petition is allowed and disposed of accordingly.

14. Order dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 31, 2020 ab