Pawan Singh Alias Pawan & Ors. vs The State (N.C.T. Of Delhi) & Anr.
2020 Latest Caselaw 2069 Del

$~8
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 29.06.2020
+      CRL.M.C. 1536/2020 (URGENT)
       PAWAN SINGH @ PAWAN & ORS.               ..... Petitioners
                    Through Mr. Sanjay Kumar, Adv. with
                            petitioners through VC.
                    versus

       THE STATE (NCT OF DELHI) & ANR.           ..... Respondents
                     Through   Mr. Izhar Ahmad, APP for State
                               Respondent no.2 is present through
                               VC.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

CRL. M.A. 8316/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1536/2020

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

quashing of FIR No. 435/19 dated 10.10.2019, registered at Police Station

Ashok Vihar and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2

through video conferencing and with the consent of counsel for parties, the

present petition is taken up for final disposal.

6. The present petition is filed on the ground that parties have settled

their disputes and respondent no.2 has no objection if the present petition is

allowed.

7. Respondent no.2 is personally present in Court through video

conferencing and has been identified by counsel for petitioner and submits

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

further.

8. Petitioners and respondent no.2 have entered into an amicable

settlement vide settlement deed dated 22.06.2020.

9. Learned APP has opposed the present petition by submitting that

injury received by the injured is grievous in nature, however, if this Court is

inclined to quash the FIR, cost may be imposed upon the petitioners.

10. I found force in the submission of learned APP, however, keeping in

view the financial condition of the petitioners, I am not inclined to impose

cost.

11. Since the matter has been amicably settled between the parties and

complainant/respondent no.2 is no more interested to purse the present FIR,

no useful purpose would be served in prosecuting petitioners any further.

12. For the reasons afore-recorded, FIR No. 435/19 dated 10.10.2019,

registered at Police Station Ashok Vihar and consequent proceedings

emanating therefrom are quashed.

13. The petition is, accordingly, allowed and disposed of.

14. Copy of this order be transmitted to the Trial Court for information.

15. The order be uploaded on the website forthwith. Copy of the order be

also forwarded to the learned counsel through email.

(SURESH KUMAR KAIT) JUDGE JUNE 29, 2020 ms