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2021 Supreme(Del) 349

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Vinod Mishra & Anr – Appellant
Versus
The State & Anr. – Respondents
CRL.M.C. 1418 of 2021
Decided on : 04-06-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr. U.M. Tripathi, Adv.
For the Respondent: Mr. Panna Lal Sharma, SI Prateek Saxena Mr. Vijendra Rawat, adv

Point of Law: Fir Quashed - Amicable Settlement - Petitioners and respondent no.2 have entered into an amicable settlement vide a Memorandum of Settlement - Court inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

Headnote:

Memorandum of Settlement - Seeking quash of First Information Report - Present petition is filed on ground that parties have settled their disputes and respondent no.2 has no objection if the present petition is allowed.

Finding of the court: Settlement arrived at between the parties, Trial Court is directed to release amount of Rs.18 lacs with interest accrued thereon, if any, in favour of respondent no.2 which was deposited by the petitioner no. 1.

Result: Petition allowed and disposed of.

JUDGMENT :

The hearing has been conducted through video conferencing.

CRL. M.A. 9012/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1418/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.566/2020, registered at PS – Okhla Industrial Area, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by AR of respondent no.2 who appeared in person through video conferencing 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 has no objection if the present petition is allowed.

7. AR of respondent no.2 is personally present in Court through video conferencing and he has been identified by IO SI Prateek Saxena 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 vide a Memorandum of Settlement dated 28.05.2021.

9. 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.

10. For the reasons afore-recorded, FIR No.566/2020, registered at PS – Okhla Industrial Area, Delhi and consequent proceedings emanating therefrom are quashed.

11. In view of the aforesaid settlement arrived at between the parties, the Trial Court is directed to release the amount of Rs.18 lacs with interest accrued thereon, if any, in favour of respondent no.2 which was deposited by the petitioner no.1.

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