Sanjay Gupta vs State & Ors.
2020 Latest Caselaw 3261 Del

$~28
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 27th November, 2020

+      CRL.M.C. 2336/2020
       SANJAY GUPTA                                       ..... Petitioner
                          Through       Mr. Sandeep Kumar, Mr. Jitender
                                        Gupta, Advocates with petitioner
                                        through VC.

                          versus

       STATE & ORS.                                         ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State with
                                        SI Maha Singh, PS Industrial Area,
                                        Narela
                                        Mr. Jitender Gupta, Advocate for R-2
                                        to 5 with R-2 to 5 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. 16437/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 2336/2020

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

quashing of FIR No.497/2020 dated 21.09.2020, registered at PS - Narela

Industrial Area, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

respondent Nos.2 to 5 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 Nos.2 to 5 have no objection if the present

petition is allowed.

7. Respondent Nos.2 to 5 are present through video conferencing with

learned counsel and they have been identified by SI Maha Singh/IO and

submit that matter has been settled and they does not wish to prosecute the

matter any further.

8. Petitioner and respondent Nos.2 to 5 have entered into an amicable

settlement vide Compromise Deed dated 23.11.2020.

9. The Ld. APP has, in support of this petition stated that the amount of

compensation of Rs. 4,50,000 which is being paid to the family of the victim

is very less. Therefore, if this Court is inclined to quash the FIR, the said

amount may be increased.

10. At this stage, counsel for the petitioner has come forward on

instruction and submitted that in addition to the amount already paid, the

petitioner shall pay an amount of Rs. 5,50,000/- by D.D in favour of the

respondent No.2, widow of the deceased.

11. Petitioner is directed to pay this amount within four weeks 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 petitioner any

further.

13. For the reasons afore-recorded, FIR No.497/2020 dated 21.09.2020,

registered at PS - Narela Industrial Area, 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, J NOVEMBER 27, 2020/at