Citation : 2020 Latest Caselaw 3069 Del
Judgement Date : 9 November, 2020
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th November, 2020
+ CRL.M.C. 2150/2020
SANDEEP JOLLY & ANR. ..... Petitioners
Through Ms. Purnima Maheshwari, Adv.
versus
STATE & ANR. ..... Respondents
Through Mr. Panna Lal Sharma, APP for State
with SI Mohit Malik, PS Mayapuri
Mr. D.K. Singh, 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)
The hearing has been conducted through video conferencing. CRL. M.A. 15349/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.2150/2020
3. Vide the present petition, petitioners seek direction thereby for
quashing of FIR No.0194/2018 dated 04.09.2018, registered at PS -
Mayapuri, Delhi and all other proceedings arising therefrom.
4. Notice issued.
5. 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.
6. The present petition is filed on the ground that parties have settled
their disputes and respondent No.2 have no objection if the present petition
is allowed.
7. Respondent No.2 is personally present in Court with learned counsel
and he has been identified by SI Mohit Malik/IO 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.
9. Learned APP has opposed the present petition and submits that due to
the registration of FIR, government machinery came in motion and a lot of
precious public time has been consumed, therefore, if this Court is inclined
to quash FIR, heavy cost may be imposed upon petitioners.
10. Learned counsel for petitioners, on instructions from petitioners, who
are present in Court through video conferencing, has come forward and
agreed to contribute an amount of Rs.25,000/- by each petitioner for welfare
purposes. Accordingly, petitioners are directed to pay this amount in the
following manner:-
(a) Petitioner no.1 is directed to pay an amount of Rs.25,000/- in
favour of Delhi Police Martyrs Fund;
(b) Petitioner no.2 is directed to pay an amount of Rs.25,000/- in
favour of Bharat ke Veer.
11. Petitioners are directed to pay this amount within one week from
today and receipt of the same shall be furnished to IO concerned.
12. 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.
13. For the reasons afore-recorded, FIR No.0194/2018 dated 04.09.2018,
registered at PS - Mayapuri, Delhi and consequent proceedings emanating
therefrom are quashed.
14. The petition is, accordingly, allowed and disposed of.
15. The order be uploaded on the website forthwith.
(SURESH KUMAR KAIT) JUDGE NOVEMBER 09, 2020/rk
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