Dharampal Giri vs State & Anr.
2020 Latest Caselaw 1448 Del

$~18
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 03.03.2020

+      CRL.M.C. 175/2020
       DHARAMPAL GIRI                                     ..... Petitioner
                   Through                 Mr.M.N.Khan, Adv.

                           versus

       STATE & ANR.                                         ..... Respondents
                           Through         Mr. Izhar Ahmad, APP for State with
                                           SI Sonu, PS Seemapuri, Delhi
                                           Mr.Matlook Alam, 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)

1. Vide the present petition, petitioner seeks direction thereby for

quashing of FIR No. No.87/2008 dated 6.3.2008, registered at Police Station

Seemapuri, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for

respondent No. 2 and with the consent of counsel for parties, the present

petition is taken up for final disposal.

4. 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.

5. Respondent No. 2 is personally present in Court with his learned

counsel and he has been identified by SI Sonu (IO) and submits that matter

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

6. Petitioner and respondent No. 2 have entered into an amicable

settlement vide a Memorandum of Settlement cum Compromise Deed

executed on 8.1.2020.

7. The total settlement amount is ₹2,50,000/-(Rupees Two Lakhs Fifty

Thousand only). It is submitted that respondent No. 2 has already received

an amount of ₹ 1,00,000/- (Rupees One Lakh only). A demand draft bearing

No.502936 dated 12.02.2020 for the balance amount of ₹1,50,000/- (Rupees

One Lakh Fifty Thousand only) is handed over to the respondent No. 2

today in the Court.

8. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioner any

further.

9. For the reasons afore-recorded, FIR No. No.87/2008 dated 6.3.2008,

registered at Police Station Seemapuri, Delhi and consequent proceedings

emanating therefrom are quashed.

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

11. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 03, 2020/rk