Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
South Asia Human Rights Documentation Centre Pvt. Ltd. And Another - Appellant
Versus
State And Another - Respondent
Criminal Miscellaneous Case No. 4456 of 2019
Decided On : 05-09-2019
Quashing - Criminal Procedure - The court quashed the order on charge and the proceedings in the complaint case as the parties had entered into an amicable settlement and the complainant did not wish to prosecute the matter any further.
Fact of the Case:
The petitioners sought quashing of the order on charge and the proceedings in the complaint case, stating that an amicable settlement had been reached and the complainant did not wish to prosecute further.
Finding of the Court:
The court found that an amicable settlement had been reached between the parties and the complainant did not wish to prosecute the matter any further, leading to the decision to quash the order on charge and the proceedings in the complaint case.
Issues: Quashing of order on charge and proceedings in the complaint case.
Ratio Decidendi: The court considered the amicable settlement between the parties and the complainant's decision not to prosecute further as grounds to quash the order on charge and the proceedings in the complaint case.
Final Decision: The court allowed the petition and quashed the order on charge and the proceedings in the complaint case.
JUDGMENT :
SURESH KUMAR KAIT, J.
Crl. M.A. 35174-75/2019
Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 4456/2019
3. Vide the present petition, the petitioners seek quashing of the order on charge dated 03.08.2018 as well as the charge dated 14.11.2018 against the Petitioner no.l under section 406/120B IPC and against Petitioner no.2 under section 406/477A/120B IPC.
4. Further seek quashing of the proceedings in Complaint Case No. 101/1 at Police Station Sarojini Nagar pending before Ms. Vijeta Singh Rawat, Ld. MM, (South), Saket Court, Delhi.
5. Notice issued.
6. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.
7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Mediation Centre, Saket Courts, New Delhi vide MOU dated 21.05.2019 and settled all their disputes amicably.
8. The complainant/respondent no.2 is present in person with her counsel and submits that matter has been settled and he does not wish to prosecute the matter any further.
9. Though the present petition is filed on behalf of one accused out of two, however, counsel for respondent no.2, on instructions, submits that he has no objection if the present petition is allowed even against accused no.2.
10. Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.
11. For the reasons afore-recorded, the order on charge dated 03.08.2018 as well as the charge dated 14.11.2018 against the Petitioner no.1 under section 406/120B IPC and against Petitioner no.2 under section 406/477A/120B IPC and proceedings in Complaint Case No. 101/1 at Police Station Sarojini Nagar pending before Ms. Vijeta Singh Rawat, Ld. MM, (South), Saket Court, Delhi, are quashed.
12. The petition is allowed and disposed of accordingly.
13. Order dasti.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
