Mehtab & Ors vs State & Anr
2020 Latest Caselaw 1568 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                    Date of decision: 11.03.2020
+      CRL.M.C. 1346/2020
       MEHTAB & ORS                                           .... Petitioners
                          Through          Mr.C.K.Sharma, Adv.

                          versus

       STATE & ANR                                            .... Respondents
                          Through          Mr. Hirein Sharma, APP for State
                                           with HC Vijay Pal, PS Mehrauli
                                           Mr.Pawan Kumar Mittal, 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. 5178/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.A.5179/2020 (for condonation of delay)

3. In view of reasons stated in the application, delay of 55 days in re-

filing the present petition is condoned.

4. Application is allowed and disposed of.

CRL.M.C. 1346/2020

5. Vide the present petition, petitioners seek direction for quashing of

FIR No. 716/2016 dated 18.12.2016 registered at Police Station Hauz Khas,

Delhi and consequent proceedings arising therefrom.

6. Notice issued.

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

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

petition is taken up for final disposal.

8. 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.

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

counsel and he has been identified by Head Constable Vijay Pal (IO) and

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

matter any further.

10. Petitioners and respondent No.2 have entered into an amicable

settlement vide Memorandum of Understanding executed on 23.8.2019.

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

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

further.

12. For the reasons afore-recorded, FIR No. 716/2016 dated 18.12.2016

registered at Police Station Hauz Khas, Delhi and consequent proceedings

emanating therefrom are quashed.

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

14. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 11, 2020/rk