Sh. Rakesh vs State & Anr.
2020 Latest Caselaw 687 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: January 31, 2020

+      W.P.(CRL) 294/2020

       SH. RAKESH                                    ..... Petitioner
                        Through:    Mr. Pankaj Chaudhary, Advocate

                        Versus

       STATE & ANR.                             ..... Respondents
                        Through:    Ms. Richa Kapoor, Additional
                                    Standing Counsel with Ms.Shalya
                                    Aggarwal, Advocate for
                                    respondent No.1/State with W/ASI
                                    Bala Rani
                                    Mr. Pankaj Chaudhary, Advocate
                                    for respondent No.2.

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                        JUDGMENT

BRIJESH SETHI, J (oral)

Vide this petition, quashing of FIR No. 482/2019, registered at police station Najafgarh, Delhi for the offences under Sections 354/354B/506/509 IPC is sought on the basis of Settlement Deed/ Memorandum of Understanding of 27th January, 2020 reached between the parties.

Notice.

Ms. Richa Kapoor, learned Additional Standing Counsel for

respondent No.1/State and Mr. Pankaj Chaudhary, Advocate, for respondent No.2 accept notice.

Learned Additional Standing Counsel for respondent/State submits that petitioner and respondent No.2 are present in the Court and they have been identified by the Investigating Officer of this case.

Respondent No.2, who is the complainant of FIR in question, submits that the dispute between the parties has been amicably resolved in terms of Memorandum of Understanding of 27th January, 2020 and she affirms the contents of her Affidavit of 24th January, 2020 supporting this petition and submits that now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end.

Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility. Accordingly, this petition is allowed and FIR No. 482/2019, under Sections 354/354B/506/509 IPC, registered at police station Najafgarh, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition stands disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 31, 2020 r