CRL.M.C./5468/2019 of AMIT GUPTA & ORS Vs THE STATE & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 5468/2019

AMIT GUPTA & ORS

..... Petitioner

Through:Mr. C.M.Grover, Adv.

versus

THE STATE & ORS..... Respondent

Through:Mr. M.S.Oberoi, APP for the Statewith SI Anand Pratap, P.S.LaxmiNagar.Mr. Sanjeev Bhardwaj, Adv. for R-2to 5.with SI Anand Pratap, P.S.LaxmiNagar.Mr. Sanjeev Bhardwaj, Adv. for R-2to 5.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGARO R R

%22.01.2020

Crl. M.A. 38995/2019 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

CRL.M.C. 5468/2019 & Crl. M.A. 38996/2019 (stay)

1.Issue notice.Learned APP for the State accepts notice.Counsel for respondent No.2 to 5 appears and accepts notice.

2.This is petition filed under Section 482 Cr.P.C. for quashingof FIR No.453/2012, under Sections 308/323/34 IPC, registered atPolice Station-Shakarpur, Delhi, and all proceedings emanatingtherefrom.

3.The brief facts of the case are that on the complaint ofrespondent No. 2 above said FIR was registered against thepetitioners. The respondent nos. 2 to 5 are injured in the above noted

case.

4.Counsel for the petitioners submits that during the pendency ofthe trial, the parties have settled the matter amicably with theintervention of friends and relatives.

5.Respondent no.2 is present in Court and identified by the IO.The respondent No.2 submits that he has settled the disputes with thepetitioners. He further submits that he has no objection if the FIR inquestion is quashed.

6.Learned APP for the State submits that in view of thesettlement between the parties, the State has no objection if the FIR inquestion be quashed.7.Keeping in view the above facts and circumstances, since thematter has been amicably settled between the parties, no usefulpurpose will be served by keeping the case pending.It will benothing but abuse of the process of law.Consequentially, thispetition is allowed, subject to costs of ₹20,000/- to be deposited by the petitioners with Delhi High Court Legal Services Committeewithin two weeks from today. Upon placing on record the proof ofdeposit of costs within week thereafter and handing over theircopies to the Investigating Officer FIR No.453/2012, under Sections308/323/34 IPC, registered at Police Station-Shakarpur, Delhi, andthe proceedings emanating therefrom shall stand quashed.

8.The present petition stands disposed of accordingly. Dasti.

JANUARY 22, 2020/ib

RAJNISH BHATNAGAR, J